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JOURNAL 


STATE  CONVENTION 


ORDINANCES  AID  RESOLUTIONS 


ADOPTED  IN  JAN;UARr.fDSf)I, 


WITH  AlSr  APPENDIX. 


Published  by  Order  of  the  Convention. 


s'/S'  ^  ^ 


JACKSON,  MISS., 

E.  BARKSDALE,    STATE    rCIJfTEK, 


•a  • 


^>7 


— -^  V?  o       ^ 


JOURNAL. 


The  Convention  convened  at  the  Capitol  in  the  city  of 
Jackson,  on  Monday  the  seventh  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
one,  .and  of  the  iiidcpcudencQ  of  the  United  States  of 
America  tlie  eighty-fifth,  in  pursuance  of  an  act  of  the 
Legislature  of  said  State  entitled  an  act  to  provide  for  a 
Convention  of  f1io  T^eoplc  of  the  State  of  Mississippi. 

MONDAY,  January,  7th,  1S6L 

At  twelve  o  clock  M.,  Mr,  Gholson  called  the  Convention 
to  order,  and  on  liis  motion,  11.  T.  Ellett  was  called  to  the 
Chair. 

The  Rev.  C.  K.  Marshall  opened  the  Convention  with 
prayer  as  follows  : 

Almighty  and  Everlasting  God,  we  come  into  Thy  presence 
on  this  solemn  occasion,  so  freighted  with  the  interests  of 
all  wehold  dear  as  a  people — so  momentous  in  high  pur- 
poses, and  holy  resolves— most  humbly  and  earnestly  to 
implore  Tiice  to  look  down  upon  us  in  compassion  and  mercy, 
vouchsafe  to  these  Thy  servants  assembled  in  General  Con- 
vention, the  guidance  and  support  of  Thy  Holy  Spirit. 
This  is  a  day  of  sore  trial  to  Patriots  and  Christians,  and 
we  are  gathered  together  here  to  devise  measures  of  govern- 
ment for  our  protection  and  well-being,  and  we  fear  to  trusi 
the  issues  of  the  conflict  on  the  formation  of  our  plans  to 
mere  human  wisdom  and  prudence.  We,  therefore,  devoutly 
look  up  to  Thee,  praying  tiiat  Thy  Fatherly  blessing  may  so 
inspire  this  body  tliat  by  thoir  action  and  labours  the  cause 
of  liberty,  religion,  agriculture,  commerce,  government,  our 
domestic  peace  and 'general  prosperity,  may  ])e  promoted  and 
maintained.  And  grant,  Oh!  God,  that  in  the  performance 
of  their  weighty  obligations,  these  Thy  servants  may  consu- 
mate  such  measures  as  shall  result  in  the  establishment  of 
C— 2. 


the  jirinciitle.s  of  justice,  equity  aiitl  Ijrotheily  concord — lliat 
national  strifes,  railinur  controversies,  bittoi-  recriminations 
and  animosifios  nuiy  be  Ituuislied  fioni  the  land,  while  the 
vital  doctrines  ol'  ciiuality.  seltVovernnioit  and  constitutional 
freedom  .shall  be  niaintninod  inviolable  and  handod  down  to 
jiosterity  as  a  Heaven-orchiined  le^rucy.  [Thuu,  Oh!  God.  has 
seen  the  malifrn  ami  miirhly  acrencic-  which  many  of  the 
sister  States  of  this  li'reat  national  lamily  have  for  years 
past  employed  for  our  aiuioyancc.  reproach  and  overthrow, 
as  equals  in  the  Confederated  L'ikju  :  and  how  they  have 
pursued  the  purpose  of  deprivinu'  us  of  ouj-  just  rights,  and 
destroying  in  our  midst  the  institution  which  Thy  Providence 
has  solemnly  bound  iv  to  uphold,  defend  and  proteci.  We 
have  cried.  Oh!  ]j(M-d.  to  'riif".'.  atzainst  wrong  and'  discord, 
fanaticisu)  and  fratricidal  ^trifc:  and  we  now  beseocli  ^J'lioe. 
hear  the  voice  of  our  c()ni|»faint  and  grant  us  Thy  favor/ 
Endue  the  hearts  and  understandings  of  the  members  of  tins 
Convention  with  wisdom  from  aliove :  teach  them  as  the 
Princes  of  Tiiy  people,  tlu*  pi'ecejjts  of  Thy  Law.  and  help 
them  in  this  momentous  r-risis  to  lo(jk  up  to  'i'liee  and  rely 
on  Thy  blessing,  that  they  nuiy  lay  aside  all  passion,  preju- 
dice and  unkindness.  and  in  calmness,  and  self-forgetfulness 
discharge  the  duties  imposed  by  their  higli  otfice.  May  they 
be  so  guided  by  Thee,  that  the  issue  of  their  labors  sitaJl 
result  in  mea.-^ures  of  iirosjicrity.  jiublic  tranijuility  and 
domestic  repose,  and.  if  as  a  State  and  a  ])eoplc  we  shall 
again  resume  the  concessions  which  bind  us  to-day  to  the 
Federal  Union,  and  in  new,  untried  relations,  go  fortli  in 
pursuit  of  the  rights  and  privileges  lost  in  the  Union — Gf)d 
of  our  Fathers  leave  us  not  to  ourselves — be  Thou  our 
Leader,  and  our  defense — raise  u])  for  us  great  and 
worthy  men  to  utter  tlie  words  of  Thy  providential 
Teaching — shield  us  from  every  menacing  danger — give 
unity  of  sentiment  and  liarmony  of  action  to  all  thepieoitle — 
deliver  us  from  the  j)0wer  of  dur  enemies,  and  from  the 
sword  of  our  brethren  abroad.  But  if  their  sword  be  drawn 
against  us,  Oh!  God  of  .Tustice  and  Mercy. •b(^  to  us  a  very 
present  help  in  the  dav  of  conflict,  and  victoi-ious  in  arms  we 
will  ascribe  the  glory  of  our  (lelivcrance  to  Thy  Great 
Xame. 

And.  n(i\\.  jbnivenly  Father,  we  conimend  to  Thy  sy)ecial 
caio  and  lile.^sing,  the  welfarf  and  interests  of  the  several 
nationalities,  of  oui-.  own.  and  distan!  lands.  Bring  the  day 
of  general  peace — stay  the  hand  that  seeks  the  blood  of  a 
brother— let  truth  and   charity  prevail  that  Thy  name  may 

i      ^         ■      , 


bo  glorified  in  all  tlie  cartli.  Forgive  all  our  sins;  let  tlieni 
not  be  visited  retriljutivoly  on  our  lionios,  or  our  country. 
Make  us  Thy  people  and  deliver  us  from  all  evil — and  may 
we  never  have  occasion  to  regret  the  steps  avc  arc  about  to 
take  in  the  great  work  tliat  now  lies  before  us. 

Tliese  favors,  and  blessings,  we  humbly  implore  in  the 
name,  and  througli  the  merits  of  our  Lord  .lesus  Clirist. 
aVmen! 

On  motion,  Mr.  H.  H.  Tison  was  u]»poiiited  Secretary 
pro  tern. 

The  roll  of  counties  was  then  called. 

The  folhnviug  dolegates  came  forward  and  registered  their 
names  : 

Ad(ims  (\tiiitlii — A.  K.  Farrur.  .1.  Winchester. 

Attalo—Yj.  a.'  >»5anfi.'rs.  .1.  W.  ^^^..)d. 

AmUe—Vi.  W.  Ilur-l. 

Bolivar— M.  W.  McGeliec. 

Carroll— .^.  Z.  George,  W.  Booth. 

('h(Lhor7ie—H.  T.  Ellett. 

Coahoma — J.  L.  Alcorn. 

Copiah — P.  S.  Catchinsr,  B.  King. 

Clarke— S.  H.  Tcrral.  '^ 

Choctaw— ^V.  V.  Braiitlev,  W.  H.  Witty.  J.  IT.  Edwards 

Chid-asair-,].  A.  Orr,  C.  B.  Baldwin.  * 

Covington — A.  C.  Powell. 

Calhoun — AV.  A.  Sunnier,  M.  D,  L.  Stephens. 

DcSof<->—J.  R.  Chalmers.  S.  J).  Johnston,  T.  Lewers. 

FranMin—D.  H.  Parkcj-. 

Green — T.  J.  Roberts. 

Hinds— W.  P.  Ilari-is.  W.  P.  Anderson,  W.  B.  Smart. 

Holmes — J.  ]\r.  Dyer.  W.  L.  Keirn. 

Harrison — I).  C.  Glenn. 

Hayuvck — J.  R,  r>eason. 

hsaqnena — A.  C.  fiibson. 

Itawamba— 1\.  0.  Reone.  A.  B.  Bullard,  W.H.  ll.Tison, 
M.  C.  Cummings. 

Jasper — 0.  C.  Dease. 

Jackson — A.  E.  Lewis. 

Jefferson . 

Jone^^- — J.  FT.  Powell. 

Kemper— 0.  Y.  Xeely.  T.  B.  Woods. 

Lawrence — W.  Gwin. 

LownrJes—W.  S.  Barrv,  G.  R.  Clayton. 

Leake~W.  B.  Colbert. 

Lauderdale — J.  B.  Ramsey.  F.  C.  Semmes. 
C-3 


6 

Lnfaii<tte—{j.  Q.  C.  Lamar.  T.  D.  Isom. 

Manhidl—X.  :M.  Clayton,  J.  W.  Clapp,  S.  Benton,  H.  W 
AWaltcr,  W.  M.  Lea. 

MadistM—X.  P.  Hill. 

Monroe— ":>.  J.  Gholsou,  F.  M.  Rogers. 

Marion — IL  Maypon. 

Noxuhie — Lracl  Wel.^li. 

Neshoba — 1).  M.  Backstrom. 

Neirfon — M.  M.  Kcitli. 

OJclihhJia—T.  C.  Booktor. 

Pcrr//—\\  J.  Mycr.-^. 

Plfa—.L  M.  XcL^on.  "  i 

Panda— .h  B.  Fiscr,  B.'  F.  McGekcc.     • 

Pontotoc— C.  I).  Fontaine.  J.  B.  Herring,  II.  R.  Miller, 
R.  AV.  Floumoy. 

Ran/an — J.  J.  Thornton,  AV.  Denson. 

Sunflotn  r — E.  V.  Jones. 

Simpson — W.  J.  Dougla?;. 

SrnUli — W.  Tliomjtson. 

Sr.,tt--C.  W.  Taylor. 

Tallahatchie— X .  Pat tcr-^on . 

Tis/tomincrn—X.  E.  Reynold^,  W.  W.  Bond?.  T.  T\  Young, 
J.A.Blair. 

Tunica — A.  iSIiller. 

Tippah— 0.  Davis.    J.   H.  Berry,  J.   S.   Dayis,  B.  B. 
Wriglit. 

Washington . 

Wilkinson— \.  C.  Holt. 

Wayne — W.  J.  Eckford.  .» 

Warren— W.  Brooke,  T.  A.  Marshall. 

Winston — J.  -Kennedy.  W.  S.  Boiling. 

Yallolmsha—F.  M.  Aldridge,  W.  R.  Barksdale. 

Fr/coo — H.  VauLdian,  G.  B.  Wilkinson. 

On  motion  of  ^Ir.  Gholson  tlie  Convention  proceeded  to 
the  olcction  of  a  Pre-'idont  liy  Imllot. 

The   Chaii-man  aitpointcH   A[os«rs.   Anderson,  Berry  and 
Nelson,  to  act  as  tellors. 

Upon  the  first  "ballot 

Mr.  W.  S.  Barry  received 27  votes, 

•■    S.J.  Gholsoi,        •       10     •' 

••    H.  T.  EUott  12      " 

•    n.  R.  Miller  12       • 

'•    A.  M.  Claytoii  10 

"    D.  C.  Glenn  li      " 

"    W.  P.  T-Tnrric  3 


Mr.  J.  L.  Alcorn  "  17  votes, 

■"    J.  S.  Ycrger  '•  1      " 

"    W.  Brooke  -  2     " 

'•    G.  R.  Clayton  •  1       ■ 

Whole  nnmber  of  votes  cast 1)7 

Necessary  to  a  choice 40      " 

No  one  having  received  a  majority  of  the  whole  number 
east,   the  Convention  proceeded   to  a  second  ballot,   which 
resulted  as  follows  : 
Upon  tlie  second  ballot 

Mr.  W.  S.  Barry  received 41  votes, 

"     Alcorn  '        13      " 

"     A.M.  Clayton     •       8      - 

-     Ellett        '      #  ■•       8      •' 

'•     Gholson  ••       9      -^ 

''    H.  R.  Miller        -       14      '• 

"    Ycrger  ■       1 

"     Clapp  1      •' 

•    "     Harris  1      '• 

"     Glenn  '       1       ' 

>•  Whole  number  of  votes  cast 97      '• 

Necessary  to  a  choice 49     " 

No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  to  a  tliird  Ijallot : 

W.  S.  Barry  received 58  votes, 

J.  L.  Alcorn         "       .14     " 

A."M.  Clayton      " 1      '• 

H.  T.  Ellett         ''       5      " 

H.  R.  Miller         '■      12      '' 

S.  J.  Gholson       •■       6      " 

S.  Benton  1      " 

Whole  number  of  votes  cast 97     " 

Necessary  to  a  clioicc 49     " 

Mr.  Barry  having  received  a  majority  of  the  whole  num- 
ber of  votes  cast,  was  declared  President  of  the  Convention. 

The  Chairman  appointed  ]\ressrs.  Alcorn  and  Miller  to 
conduct  him  to  the  Chair.     ' 

Mr.  Barry  on  taking  liis  teat  addressed  the  Convention. 

On  motion  of  Mr.  Welsh,  the  Convention  proceeded  to 
tlie  election  of  Secretary,  liy  ballot. 

Nominations  being  in  order,  Mr.  Lamar  nominated  F.  A. 
Pope,  of  Holmes  county.     • 
C— 4 


FIRST  BALLOT. 

F.  A.  Pope  received 45  votes, 

B.  F.  Liddell     •       36     " 

Dozier       ■       9     " 

A.  Rowc  ■'       7 

Whole  number  of  votes  cast 97     " 

Necessary  to  a  choice 49     " 

No  one  receiving  a  majority  of  all  the  votes  cast,  the 

Convention  i)rocecd  to  second  ballot,  with  tlie  following 

result : 

SECOND   BALLOT. 

F.  A.  Pope  received 60  votes, 

Liddell  "         36     " 

Dozier  "         1      " 

Howe  "         1      " 

(( 

Whole  number  of  votes  cast 98     " 

Necessary  to  a  choice 50      " 

Mr.  Pope  having  received  a  majority  of  all  the  votes,  was 
declared  to  be  elected  Secretary  of  the  Convention. 

On  motion  of  Mr.  Harris,  the  Convention  proceeded  to 
the  election  of  a  Door-Keeper. 

Mr.  Harris  nominated  S.  Pool. 

Mr.  Ellctt  nominated  J.  W.  Clingan. 

Mr.  Alcorn  nominated  W.  M.  Israel. 

FIRST   BALLOT. 

Mr.  Pool  received 43  votes, 

"     Clingan    "     15     " 

"     Israel        "     36     " 

"     Denson      "     -. 1      " 

Whole  number  of  votes  cast 95      " 

Necessary  to  a  choice 48      " 

No  one  having  received  a  majority,  Mr.  Ellett  moved  that 
Mr.  Pool  Ije  elected  by  acclamation,  which  was  adopted  and 
Mr.  Pool  declared  duly  elected  Door-Keeper  of  the  Con- 
vention. 

On  motion  of  Mr.  Welsh,  the  Convention  proceeded  to 
the  election  of  a  Sargeant-at-Arms. 
Mr.  Walter  nominated  J.  J.  DenBon,  of  Hinds. 


9 

Mr.  Clapp  nominated  B.  F.  Liddcll,  of  Carroll. 

Mr.  Dyer  nominated  A.  V.  Rowe,  of  Holme?. 

Mr.  Dease  nominated  Mr.  Dozicr,  of  Jasper. 

Mr.  Smart  nominated  Mr.  Farish,  of  Hinds. 

Mr.  Welch  nominated  W.  Ivy  Westbrook,  of  Noxubee. 

FIRST    BALLOT. 

Denson  received 35  votes, 

Westbrook     "     42      " 

Farish  "     13      " 

Rucker  "     3      " 

Whole  number  of  votes  cast 93      " 

Necessary  to  a  choice 47     " 

No  one  receiving  a  majority,  Mr.  Welsh  moved  that  Mr. 
Westbrook  be  elected  by  acclamation,  which  was  adopted, 
and  Mr.  Westbrook  declared  duly  elected  Seargcant-at- Arms 
of  the  Convention. 

Mr.  Ellett  offered  the  followi]ig  resolutions,  Avhich  were 
adopted,  to-wit  : 

Resolved,  That  the  President  be  authorized  to  appoint  two 
pages,  and  to  remove  them  at  his  pleasure. 

Resolved,  That  the  Rules  of  the  House  of  Representatives 
of  the  State  be  adopted,  so  far  as  applicable,  for  the  gov- 
ermnent  of  this  Convention. 

Mr.  Lamar  introduced  the  following  resolution  : 

Resolved,  That  a  connnittcc  of  fifteen  be  appointed  by 
the  President  with  instructions  to  prepare  and  report  as 
speedih'  as  ])Ossible,  an  ordinance  jnoviding  for  the  with- 
drawal of  the  State  of  Mississippi  from  the  present  Federal 
Union,  with  a  view  to  the  establishment  of  a  new  Confeder- 
acy, to  be  composed  of  the  seceding  States. 

Mr.  Lamar  moved  the  previous  question,  which  being 
sustained, 

The  question  was  then  taken  on  the  adoption  of  the 
resolution  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Welsh, 

Resolved,  That  the  Door-Keeper  furnish  each  member  with 
a  copy  of  the  Rules  of  the  House  of  Representatives. 

Mr.  Clayton  of  Lowndes,  ofiered  the  following  resolution; 
wliich  was  adopted  : 

Resolved,  Tliat  a  connnittee  consisting  of  three  be  ap- 
pointed by  the  President  to  wait  on  His  Excellency  the 
Governor  of  the  State  and  inform  him  of  the  organization 
C— 5 


10 

ul"  the  Convention,  and  ascertain  from  him  whether  any 
communications  have  been  received  in  liis  department  w;hich 
lie  deems  necassary  to  bring  before  tlie  Convcution, 

Tlie  Pi"esident  appointed  on  t^aid  eonmiittce  the  following 
crentlcmen.  to-wit : 

G,  R.  Clayton,  A.  M.  Clayton  and  J.  L.  Alcorn. 

On  motion  of  Mr.  O.  Davis. 

The  Convention  adjourned  Iniiil  to-iuorrow  mornins'  at  10 
o'clock. 


TUESDAY,  JvxLTAiiTSTH,  ISlU. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mi-.  Harrington. 

The  minutes  of  the  proceeding  day  were  read  and  adopted. 

Mr.  Chalmers  oflcrcd  the  followmg  resolution,  which  was 
adopted  : 

Ik'solved,  That  the  President  of  tlie  Convention  be 
authorized  to  grant  admission  to  this  Hall  to  such  of  the 
Reporters  of  the  ]Kiblic  Press  a.-^  \\q  may  deem  fit.  and  to 
j-emove  the  same  at  his  pleasure,  until  it  should  be  otlicrwisc 
o]-dered  by  the  Convention. 

On  motion  of  Mr,  Rogers, 

Bc.'iolved,  That  a  conunittee  consisting  of  live  be  appojiited 
on  Elections  and  that  the  certificates  of  membershiji  of  this 
Conventiou  be  referred  to  said  committee. 

The  i'residcnt  ai)pointed  as  said  eonmiittce,  Messrs. 
Rogers,  Wilkinson,  Yerger,  Reynolds  and  Bookter. 

On  motion  of  ]\Ir.  Clayton  of  Marshall, 

lienolvcd,  That  the  Couimissioner  from  the  State  of  South 
Carolina,  as  well  as  the  Commissioners  from  g-ny  other 
States  be  invited  to  scats  on  this  floor. 

Mr.  Walter  of  Marshall,  oflcrcd  the  follow;ii§  : 

BfSfjkicd,  That  a  committee  of — ^members  bo  a[tp(jinted 
by  the  President  to  re])ortto  this  Convention  an  amendment 
to  the  Constitution  of  the  State,  authorizing  it  to  borrow 
money  for  the  jiurjto.se  of  military  defense,  and  pledge? 'the 
faith  of  the  State  ibr  the  repayment  of  the  Joan,  or  to  report 
Buch  other  meafin'-'>-;v-  (]w.,.o„,r,,;H„..„,., .-  ,i.w,,,,  .,,i,;_.,i.]p  for 

this  purpose. 


11 

Mr.  Wright  moved  to  amend  by  adding  "together  with 
the  existing  means  for  the  defense  of  the  iState." 

Mr.  Glcmi  offered  the  following  substitute  for  the  fore- 
going reRolution  and  amendment,  whicli  wai^  accepted  and 
adopted  : 

Bcsolvcd,  That  the'  following  Standing  Ciinnnittees,  each 
to  be  compoFcd  of  seven  mcml)erF!.  l>e  appointed  by  the 
President,  to-wit : 

1st.  A  Committee  on  Citizenship  in  Mississippi. 
'  2d.  A  Committee 'on  Federnl  Jnrisdiotin-  <^-v' ri(»;>(.Tty 
in  the  b^tatc  of  Mii^sissipi)i. 

3d.  A  Connnittec  on  Postal  Alfairs. 

4th.  A  Committee  on  the  State  Constitiitioii. 

oth.  A  Committee  on  Militaiy  and  Xaval  Affairs. 

l)th.  A  Connnittee  on  the  formation  of  a  Southern  Con- 
federacy : 

And  that  said  committees  inquire  into  the  matters  proper- 
ly pertaining  and  to  report  thereon  by  ordinance  or  other- 
Avise.  V 

The  President  then  announced  the  names  of  the  Conuuittce 
of  Fifteen  to  report  an  Ordinance  of  Secession  under  the 
resolution  offered  by  Mr.  Lamar  on  the  first  day.  The 
committee  consists  of  the  following  members  : 

L.  Q.  C.  Lamar.  W.  P.  Harris.  S.  J.  Gholsoii.  .1.  L. 
Alcorn,  H.  T.  Ellctt,  W.  Brooke.  H.  H.  Miller,  J.  A.  Blair, 
A.  M.  Clayton,  Alfred  Holt,  J.  Z.  George,  E.  H.  Saunders, 
Benj.  King,  G.  R.  Clayton.  Orlando  Davis. 

Mr.  Clayton  of  Lowndes,  from  the  special  committee  of 
three  made  the  following  report  : 

The  committee  appointed  under  resolution  of  the  Conven- 
tion to  Avait  upon  his  Excellency  the  Governor  and  inform 
him  of  its  organization  and  ascertain  if  any  communications 
have  l)een  received  by  him  which  he  considers  necessary  and 
proper  to  lay  before  this  body  have  performed  that  duty  and 
report  they  received  answpr  from  the  Governor  that  com- 
niunications  had  been  received  which  he  would  place  before 
the  Convention  in  due  time. 

Mr.  Harris  offered  tlie  following  resolution  : 

Hesolvcd,  That  the  Poor-Keejier  be  instructed  to  furnisli 
each  member  of  the  Convention  with  one  copy  of  the  Daily 
Mississippian  during  the  session. 

Mr.  Mar.^hall  moved  to  amend  by  adding  "and  also  the 
Vicksburg  Whig." 

The  amendment  was  lopt. 

The  resolutiou  as  originally  read  was  adopted. 
C— G 


12 

On  motiou  of  Mr.  Rogers. 

Resolved,  That  the  Judges  of  the  Higli  Court  of  Errors 
and  Appeal.s,  and  the  Judges  of  the  Circuit  Courts  of  this 
State  be  invited  to  seats  within  the  l»ar  of  this  Convention. 

On  motion  of  Mr.  Ahlridi:*'. 

Resolved.  Thai  a  connnitUr  of  thi'i-c  \k'  a)»}KiintO(l  to  notify 
liie  Connuis.sioners  of  various  States  who  may  attcnil  this 
Convention  of  the  iia.<sage  of  a  resolution  by  this  Conven- 
tion inviting  them  to  a  seat  on  lliis  lloor  and  make  any 
nece.s.<ary  and  suitable  arrangements  for  that  purpose. 

Tlic  President  api)ointed  Me.^srs.  Aldridge.  Marshall  and 
Miller  of  Pontotoc. 

Mr.  Aldridge  prescnte^^l  a  memorial  to  the  Convention 
IVom  Mrs.  M.^Gilibs  of  Yalloinisha,  which  u]ion  his  motion 
was  referred  to  the  eomniittee  of  fifteen. 

Mr.  Gholson  olTored  the  following  resolution  : 

Resolved,  That  special  Conunissioners  be  electetl  by  tills 
Convention  to  visit  the  Convention.s  now  in  session  in 
Alal)ania  and  Florida,  whose  duty  it  shall  be  to  inform 
those  bodies  that  this  Convention  has  passed  a  resolution 
preparatory  to  secession  from  the  present  L^nion  with  a  view 
to  the  I'ormation  of  a  Southern  Confederacy,  and  to  inviti; 
the  co-operation  of  those  States,  ami  to  report  from  time  to 
time  the  action  of  our  si.stcr  States. 

Which  for  the  present  was  laid  on  the  table. 

;Mr.  J.  S.  Yergcr,  delegate  from  the  county  of  Washington, 
api)eared  and  took  his  seat. 

Mr.  J.  S.  Johnston,  delegate  fi-om  the  county  of  Jefferson, 
ai)peared  and  took  his  seat. 

Mr.  Walter  ofTcred  the  following  resolution  : 

Resolved,  That  the  Coimnittcc  on  Constitutional  amend- 
ments be  instructed  to  report  as  soon  as  practicable,  after 
its  apjiointment,  an  amendment  to  the  Constitution  of  this 
State  authorizing  it  to  borrow  money  for  the  purpose  of 
military  defence  and  to  pledge  the  faith  of  the  State  for  the 
repayment  of  the  loan. 

Mr.  Chalmers  moved  to  amend  by  striking  out  the  words 
"an  amendment  to  the  Constitution  of  this  State,"  and 
substitute  the  words  '"an  ordinance." 

The  amendment  was  lost  and  the  original  resolution  was 
adoi)ted. 

^ir.  Ander.son  offered  the  following  resolution,  which  was 
adoj)ted  : 

Resolved,  That  the  Door-Keeper  be  required  to  make 
arrangements  with  the  Post  Master  for  the  prepayment  of 


13 

postage  on  all  printed  matter  sent  I  »y  t lie  members  of  this^ 
ConA'cntion, 

On  motion  of  Mr.   (iliolson,  the   Convention  adjourned 
until  lo-niorrow  morning  at  10  o"clocl\. 


WEDNESDAY.  Jaxuary  9th.  1801. 
The  Cmivention  ealied   to  order  at  lialf-])ast^  10  o'clock. 

A.  M. 

The  session  was  opened  witli  j)rayer  liy  llic  Kcv.  Mr. 
Crane. 

The  minutes  of  ilio  -Jd  thiy's  proceeding's  were  i-ead  and 
approved. 

The  following  message!  was  reeeivoil  from  (he  (lOvernoi' 
tiirongh  his  ]n'ivatc  Secretary.  Mr.  Cannpltell. 

Mr.  I'll ks I  dent  : — 

I  herewith  jjrcsent  to  the  Sovereign  Convention  of  the 
State  <vf  ^lississippi,  several  messages  of  his  Excellency 
.lohn  .1.  Pettucj,  transmitting  various  doeuinents  and  other 
important  informal i(ni . 

I  See  A|.ipendix  for  Docniiieuls  refei'i'ed  to  in  the  above 
) Message.  I 

Connnissioe.ers  Burt  of  South  Carolina  and  Fettus  from 
Nj^  .\iul»ama,  by  pirvious  invitation,  took  their  seats  in  the 
Convention. 

Mr.  Lan)ar  from  tlie  Connnittee  of  Fifteen  reported  an 
Ordinance  of  Secession. 

Mr.  .Ijamar  moved  that  the  (.'on^■enlion  go  into  secret 
session  for  the  pm-pose  of  considering  the  Ordinance  of 
Secession,  Jind  ther<'upon  moved  the  i)revious  cpiestion,  which 
l)eing-  sustained,  the  uuestion  was  then  taken  on  the  motion 
to  i>f.  into  secret  session  an<1  aeni(]ofl  in  the  affirmative. 

EVKXIXO  SEStSIOX.    HALF-P.\ST  4  o'CLOCK. 

Convention  met  pursuantio  adjournmtu.- 

On  motion  of  Mr.  Rogers, 

Bcsolvrd.  That  a  connnittee  ol  hve  l.e  apponitcd  a>  a 
Connselon  l)ehalf  of  this  Convention  to  coiifcr  wiUi  his 
Excellency  the  Governcn-  upon  such  grave  matters  as  lie  ma> 
submit  for  tl^eir  consideration. 


u 


14 

Tm,.  Pi-esident  appointed  as  s^aid  coniniittcc,-  Messrs. 
loom,  Clayton  of  lyiarshall,  Ilairip  and  Holt. 

-Ml.  liuiiiar  from  the  Committee  of  Fifteen  to  whom  was 
referred  thef^ul>jeotof  jireparinp;  the  Ordinance  of  Secession 
reported  ''an  Ordinance  to  dissolve  the  Union  between- the 
State  of  ^Iis?i?.sippi  and  the  States  nnited  Avith  her  under 
the  compact  entitled  (he  "Constitutio]i  of  tlie  United  States." 
with  the  recommendation  that  it  do  pass. 

Mr.  Lamar  moved  that  the  report  he  received  and  agreed 
to. 

A  divisioi*  being  called  for. 

The  report  was  received. 

Mr.  Yerger  offered  an  amendment  by  way  of  substitute 
entitled  "an  Ordinance  ]»roviding  for  tlie  inial  adjustment  of 
all  difficulties  between  the  free  and  slave  States  of  the 
United  States  l»y  securing  fm'ther  Constitutional  guarantees 
Avithin  the  present  Union." 

The  question  was  taken  on  the  adoption  of  the  suljstitute 
and  decided  in  the  negative  l)y  Veas  and  nays  as  follows  : 

Ayes. — Messrs.  Brooke,  Blair,  Bonds,  J5ullard,  Cummings, 
Farrar,  Flournoy,  Herring.  Hurst,  Marshall,  McGehee  of 
Bolivar.  Myers,  Parker,  Reynolds,  Sanders,  Sunnier.  Stevens. 
Thornton,  Winchester,  Yergcr,  Young — 21. 

Nays. — Mr.  President,  Messrs.  Alcorn,  Anderson,  Ald- 
ridge,  Barksdale,  Baldwin,  Backstrom,  Booth.  Brantly.. 
Benton,  Beene,  Berry,  Boling,  Bookter,  Clayton  of  Marsliall, 
Clayton  of  LoAvudes,  Catching,  Chalmers,  Colljcrt,  Clapp, 
O.  Davis,  J.  S.  Davis,  Dease,  Denson,  Douglas,  Dyer, 
Deason,  Eckford.  Edwards,  Ellett,  Fizer,  Fontaine,  George. 
Glenn,  Gibson,  Gholson,  Gwin,  Harris,  Hill.  Holt,  Isom, 
Johnston  of  DeSoto,  .Johnston  of  Jefierson,  Jones,  Kcirn. 
Keith,  Kennedy,  King,  Lea,  Lamar,  Lowers,  Lewis,  Mayson, 
McGeliee  of  Panola,  Miller  of  Pontotoc.  Miller  of  Tunica, 
Xeely,  Nelson,  Orr,  Pattison,  Powell  '^f  Coving-ton,  Powell 
of  Jooes,  Bamsey,  RobertiB,  RuiTgers,  Semmes, Smart, Terral, 
Tison.  Taylor,  Thompson,  A^aughan,  Walter,  Welsh,  Witty, 
Wilkinson,  Woods,  Wright— 78; 

^  >^^^;ZZ£i^  S>  Ordinance  of  Scce..ion 

™1nMTf^^A'''.'-';'''!';'''*'"''="'-'i'''«'"''feOrdinanceRliallnot 
?ro  into  cffcct-until  nt  least  the  States  of  Alabama  Geoi-o-ia 

nlits^eih"?""  ^"?"  Z'"-™?"  "-"■  >-^pocti;rc''on; 
reTumrtCt^eSgX^  '™'"  *"'  ^^'^-l  Union,  and 


15 


The  vote  being  taken  by  ayes  and  nay?,  tlic  amendment 
was  lost  by  the  following  vote  : 

Ayes.— Messrs.  Alcorn,  Beenc,  Bonds,  Bullard,  Cummings, 
Dcnson,  Over.  Farrar,  Herring,  llurst,  Johnston  of  DcSoto, 
McGehee  of  Bolivar,  McGchee  of  Panola,  Myers,  Tarker, 
Powell  of  Jones,  Reynolds,  Santlers,  Sumner,  Stevens,  Tison, 
Thornton,  Winchester,  Yerger,  Young— 25. 

N^^YS.— Mr.  President,  Messrs,  Anderson.  Aldridge, 
Barksdale,  Baldwin,  Backstrom,  Booth,  Brantley,  Brooke, 
Benton,  Blair,  Berry,  Boling,  Bookter,  Clayton  of  :Mars^ll, 
Clayton  of  Lowndes,  Catching,  Chalnicr,-;.  Colbert,  Clapp, 
0.  i)avis,  J.  S.  Davis,  Dease,  Douglas,  Deason,  Eckford, 
Edwards,  Ellett,  Fizcr,  Flournoy,  Fontaine,  (ieorge,  Glenn, 
Gibson,  Gholson,  Gwin,  Harris,  Hill,  Holt,  Isom,  Jolmston 
of.  Jefferson,  Jones,  Keirn.  Keith,  Keiuicdy,  Kuig,  Lea, 
Lamar,  Lewers,  Lewis,  IVlarshall,  May  son,  Miller  of  Pontotoc, 
Miller  of  Tunica,  Ncely,  Xelson,  Orr,  Pattison,  Powell  ot 
Covington,  Ramsev,  Roljerts,  Rogers,  Semmes. Smart,  Terra! , 
Tavlor,  Tliompson,  A'anghan,  Walter,  Welsh,  Witty,  Wni- 
chcster,  Wilkinson.  Woods,  Wright— 7-1. 

Mr.  Brooke  offered  the  following,  amendment : 

Provided  that  this  Ordinance  shall  not  take,  effect  until 
the  same  shall  have  been  ratified  by  the  qualified  electors  of 
the  State  and  to  this  end  an  election  shall  be  held  at  the 
various  election  jirecincts  of  the  State  on  the  second  Monday 
of  February  18G1,  under  the  rules  and  regulations  now  in 
force  ill  regard  to  the  election  of  State  ofilcers. 

Those  voting  for  the  Ordinance  shall  endorse  on  their 
tickets  the  word  ^'ratification"  and  those  voting  against  it 
the  words  "no  ratification." 

Tlie  Governor  shall  issue  writs  of  election  to  the  several 
Sherills  of  the  State  and  a  ]}roclamation  didy  notifying  tlic 
pcojde  of  the  holding  of  said  election,    ' 

The  vote  being  taken  liy  ayes  and  nays,  the  amendment 
was  lost  by  the  following  vote : 

Ayes.— Messrs.  Alcorn,  Aldridge,  Barksdale,  Brooke, 
Beene.  Blair,  Bonds,  BuUard,  Cummings,  Dcnson,  Farrar.^ 
Flournoy.  Herrina-,  ILirst,  Isom,  Marshall,  McGehee  of 
Bolivar,  Myers,  Parker.  Powell  of  Jones,  Reynolds,  Sanders. 
Sumner,  Stevens.  Tismi.  Thornton.  Winchester,  Yerger,' 
Ynnno-— 20. 


Nays. — y\r.  Presido'iil.  Mo.-sr-s.  Anderson.  Baldwin, 
liackstnnn.  Uofitli.  Brantlov,  Benton,  Berry,  Bolinir,  Booktor. 
Clayton  ol"  -Mai'f?hall,  Clayton  of  Lownde,'*.  (Patchings. 
(Ujalmei-s,  Colbert.  Claitp.  0.  Oavis,  J.  S.  Davi?.  Pea.se. 
l)ouprln«.  Dyer.  Dcnson.  Eokford.  Edwardr^,  Ellett, 'Fixer. 
Fontaine.  Cicorire.  Glonn,  (Jil).«on.  (rliol.^on.  Gwin.  Harris. 
Hill,  Holl.  .Iolin.<(on  of  DcSoto.  .Jolm.ston  of  Jeiferson. 
.Jones.  Kfii-n.  Kcitli.  Kennedy.  Kinti*.  L(\i,  Lamar.  Lewert*. 
Ijewis.  .Mayson.  Me(Jo!iee  oi"  Panola.  Miller  of  Fontotoe. 
Miller  ol"  Tuniea.  Xeelf.  Nelson.  On\  l*atti.?on,  Powell  oi" 
Covinjrton.  Ram.^ey,  Robert.'^.  Rogers,  Semnies.  Smart. 
Tcrrail,  Taylor,  'riiom])son.  A'anglian.  Walter,  Welsh.  Witly. 
Wilkinson.  Woods.  Wright — 70. 

The  question  was  then  lakrn  on  agreeing  to  Mr.  ij;(iii:ii's 
lOjiort.  and  dci-ided  in  the  allinnative. 

The  (|n('stion  wns  llien  laken  on  Ihi-  iiiiopiioii  i)\'  [\\o 
Ordinanee  of  Secession  and  deoidcd  in  Ihc  anirnialivc  liy 
yeas  and  nays  as  follows  : 

AvKs. — .Mr.  l^i-esidcnl.  .Ucoin.  Aml^i.-on.  Aldriiigt-, 
Uarksdale,  Baldwin.  Backs! i-om,  Booth.  Brantjy,  lii'ooke. 
Bentoit  Bcenc.  r>erry,  lioling,  Booktor.  Clayton  of  Marshall. 
Clayton  oi"  Lowndes,  Caleliings,  CliMlmcrs.  (^olbert.  Claj)]). 
().  i)avis.  .L  S.  Davis.  Dease.  Dcnson,  Donglas.  Dyer,  Dea- 
.son,  Eckforil,  Edwai-ds.  I'^llett.  Fizer.  Flournoy,  Fontaine 
George.  Glenn.  Gibson,  Gholson.  (iwin.  Hariis.  Herring, 
Hill,  Holt,  Isom.  .Fohnston  ol' DeSoto.  Johnston  of  Jeilerson, 
.lones,  Keii-n,  Keilli.  Kennedy.  King,  Lea,  Lamar,  LcAvcrs. 
Lewis.  !M:>y!^on.  MeGehee  of  Holivar.  ^leCJehee  of  l*anola. 
Miller  of  Pontotoe.  ^liller  of  I'nniea,  Neely.  Nelson,  Oir. 
Pattison,  I*owell  of  Covington,  Powell  oi'  .'lones,  Ramsey. 
Roberts.  R.ogei's.  Sennns,  Smart,  Sumner.  Sievcn.s.  Tei'rall. 
Pison.  Taylor,  Thompson,  Vavighaii,  NVahei'.  ^VelsIl.  Witty. 
Wilkinson',  Woods,  Wright — S4. 

N.ws. — Blaii',  IJonds,  Ibdiard,  Cmnmings,  Farrar.  Ilursi. 
.Myers,  Marshall.  Parker.  Ileynolds.  Sanders.  Thornton. 
Wiiichestei-.  Yerger.  Young— I o. 

()n  moiidii  of  .Mr.  Foiilaiiic  the  President  was  reqiicsled 
t(?  have  the  Ordinance  eiii-ollecl  on  jiiii'eliiiicnl. 

On  moti(ni  of  Mi-.  Anderson, 

licmlvcd,  That  the  President  Ije  I'etjuested  to  telogra))h 
the  action  of  tliis  Convention  upon  the  Ordinance  of  Scces- 

y 


17 

sion  to  the  Cilovcrnors  of  all  the  slavcholdinir  Statct^,  aiul  the 
(Iclcg'atcs  in  Congress  from  this  State. 

On  motion  the  Convention  then  ndjonrned  until  to-morrow 
moTiiinu-  at  10  o'eloek. 


% 
THURSDAY,  'Januat^y  10th.  ]  Mil . 

The  Convention  met  pursuant  to  adjonrnment. 

Prayer  by  the  Rev.  Mr.  Hunter. 

The  l*i'esldci>t  announced  (h<"<  following-  standing  commit- 
tees : 

Connmtiec  on  t'itize7)sJiip  ;'?/  Alississippi. — Messrs.  Bi'ooke, 
Orr,  Clavton  of  Lowndes.  K.  P.  McGeliee.  Hill.  T)ver  and 
Xeely. 

Ciymmittee  on  Feihrul  -hirisdiii'mn  and  Froptrty. — Messrs. 
Harris.  AV:iltcr.  Mar.-^hall.  Ceorge.  Wilkinson,  Wright  and 
Stephen.-. 

CommltUc  on  Postal,  Findncial  end  Coninicrcial  Affoin^. — 
Messrs.  Clapp,  Gholson.  ^reOehee  of  Bidivnr.  .Tories,  King, 
Keirn  and  l^ullard. 

Committee  on  the  State  (.'/;/;a/,7<//;,./k — Messrs.  Miller  of 
Pontotoc.  Ellett.  Yerger.  J'>aldwin.  Beene.  Boling  and  Her- 
ring. 

Ou  Militarij  and  Naval  Ajfairs. — Messrs.  Chahuers. 
l>rantl\'.  Welf^h.  Fontaine,  Smart,  Fiser  and  Tison. 

On  a  SoufJnrn  donfcdrmcy. — ]\[cssrs.  Glenn,  Lamar. 
Hurst.  Aldrige,   Douglas.  Jolnison  of  JelTer.-^on.  and  Lewis. 

On  motion  of  .Mr.  Orr, 

Besolved,  That  the  Hon.  Armstead  l-Jurt,  Connnissioner 
from  the  Republic  of  South  Carolinn,  and  Hon.  E.  W.  Pet- 
tus,  Connnissioner  from  the  State  of  Alaliama.  lie  requested 
to  address  this  Convention,  and  that  a  connnittee  of  five  be 
;!l>])ointed  to  make  the  necessary  arrangements  and  to  Avait 
ujion  those  gentlemen  and  ascertain  whether  it  should  l.-.c 
desirable  to  thrm  that  the  Convention  should  go  into  sec]'et 
session  when  it  may  suit  them  fo  address  th(^  Convention. 

?ilessrs.  Orr,  Nelson,  Fckford.  Woods  and  AYitty,  were 
appointed  as  said  committee. 

Mr.  Welsh  offered  the  following  resolution  and  moved  its 
reference  to  a  special  committee  : 


18 

Jic  it  Jicsohed.  That  it  is  tlic  opinion  of  this  Convention, 
that  the  Lcfrislaturc  of  this  State,  ^liortly  to  convene,  ought 
to  pass  an  acl,  which  will  effectually  i)rcvent  the  introduc- 
tion of  slaves  into  tliis  Stale,  from  any  other  State  or  coun- 
try whatever,  unless  the  .owner  of  said  slaves  accompany 
them,  with  the  bona  fuh.  intention  of  l)ecoming-  a  citizen  of 
the  Stale  of  irississipjn. 

Mr.  Kiniir  offei-ed  tlie  following  amendment  as  a  substi- 
tute : 

Jh'.folvcd.  That  th(T  Commillec  on  Stale  Constitution  be 
instructed  to  lake  into  cqpisideration  tlie  subject  of  the  inter- 
state .slave  trade,  and  report  Ij}-  ordinance  or  otherwise. 
•    On  motion  of  Mv.  Fontaino,  the  resolution  and  substitute 
were  laid  on  tlie  taljlc. 

^Ir.  Dyer  offered  the  following  resolution  : 

Bcsdvexl,  That  the  Conunittee  on  Military  and  Naval 
Affairs,  be  and  are  hereby  instructed  to  inquire  into  the 
propricty*of  erecting  batteries  at  A'icksburg,  Natchez,  Mis- 
sissippi City,  or  at  sucli  other  ])oints  on  the  Mississippi  river 
as  may  be  thought  best,  and  if  they  shall  lie  of  opinion  that 
it  is  advisable,  they  arc  hereby  instructed  to  report  a  resolu- 
tion directing  His  Excellency,  the  Governor,  to  have  the 
same  jn-ojjcrly  erected  at  such  points  as  may  be  designated, 
and  to  be  mounted  with  as  many  guns  as  may  be  proper. 

The  resolution  was  laid  on  tlie  table. 

On  motion  of  Mr.  Harris, 

Resolved,  That  the  Committee  on  Military  and  Naval 
Affairs,  be  instructed  to  enquire  into  the  expediency  of  re- 
porting an  ordinance  to  this  Convention  creating  a  Military 
■  Board,  and  amending  the  Constitution  of  the  State  in  the 
5th  article,  so  as  to  authorize  volunteer  companies  to  orga- 
nize into  battalions,  regiments,  brigades  and  divisions,  and 
to  elect  field  officers. 

Hon.  A.  Burt  presented  his  credentials  as  Commissioner 
.  from  the  Republic  of  South  Carolina, 

^Ir.  Gliolson  read  to  the  Convention  his  letter  to  the 
President  of  the  United  States,  resigning  his  position  as 
Judge  of  the  Federal  Courts  for  Mississippi. 

On  motion  of  Mr.  Chalmers, 

Rfiolvcd,  That  Major  Earl  Van  Porn  be  invited  to  a  ^L•uL 
within  the  bar  of  this  Convention. 

On  motion  of  Mr.  Gibson, 

Resolved,  That  the  Hous.  L.  P.  Conner  and  John  Perkins, 
delegates  elected  to  the  State  Convention  of  Loui.siaua,  be 
invited  to  seats  within  the  Bar  of  this  Convonlion.  and  that 


1'.! 

a  committee  of  three  ho  nppoiuted  to  inform  the  gentlemen 
of  the  invitation. 

On  motion  of  Mr.  (l]K)l>;ori.  -the  Convention  went  into 
secret  session. 

On  motion  of  ]\lr.  IJiirris, 

liesolveil,  That  the  Po.stmasters  and  other  .olliccrs,  and 
agents  connected  witli  tlie  ^lail  service  in  this  State,  be  rc- 
(inested  to  continne  to  discharge  their  duties. until  otherwise 
ordered  by  tiiis  Conven-tion.      % 

On  motion  of  Mr.  Harris,  the  injunction  uf  secresy  was 
removed  from  this  rcso'lution. 

On  motion,  the  Conyentiou  adjourned  until  to-morrow 
mornin'T  10  o'clock. 


FRIDAY,  Januar^Htii.  18G1. 

The  Convention  mot  imrsuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Caskie. 

Procecdiiifis  of  yesterday  read  and  apjjroved. 

On  motion  of  Mr.  Orr, 

RcHolvefh  That  the  fik-esident  appoint  an  engrossing  and 
enrolling  connnittee,  each  to  consist  of  tliree  members. 

The  President  appointed  as  the  Connnittee  on  Engrossed 
Ordinances,  Messrs.  Deason,  Woods  and  Mayson. 

On  Enrolled  Ordinances,  Messrs.  Barksdale,  Winchester 
and  Ramsey. 

Tlic  Cliair  presented  a  communication, 

Whicli  was  referred  to  the  Committee  on  Military  Af- 
fairs. 

On  motion  of  Mr.  Gholson. 

Resolved,  Tlmt  a  connnittee  ui'  iJirec  ihj  a^'i-ointed  to  re- 
])ort  on  the  enrollment  of  the  Ordinance  to  dissolve  the 
Union  between  the  ^State  of  Mississippi  and  otiicr  States 
united  with  her  under  tlio  compact  entitled  the  Constitution 
of  tlic  United  States. 

The  Chair  iiunounccd  the  following  gentlemen  on  said 
committee  : 

Messrs.  Ellctt,  Harris  and  Clayton  of  Marshall. 

The  Cliair  aiuiouuced  the  following  connnittee  of  Ways 
and  Means  : 


20 

Mc^>r?.  Wriu'lit.  Bcnlon,  Anderson.  Catchine;,  Alcorn. 
Gih>on  and  Donsou. 

Mr.  P>rooke  (dlVrcd  the  IblloAvinir  resolution  : 

Ivsd/ral,  That  a  connnittec  of  three  l)e  ai»})t)iiite(l  by  tin' 
Chair,  to  jirovide  a  room  for  the  acconnnodntion  of  this 
("oincntioii.  durinir  the  sessifui  of  tlio  Le.ffislntnro. 

Whidi  was  lost. 

On  motion  of  Mr.  Andei-son. 

Ri'.so/vnf,  That  the  signing  of  the  ( )r(liii;iiHc  he  postj^oned 
until  to-iuorrow,  at  12  o'cl^lc,  !M. 

Mr.  Benton  offered  the  Kmowing'  resolution,  which, 

On  his  motion.  Avas  referred  to  tin-  conniiittee  on  citizen- 
.slii]>  : 

Rr-suhutl,  That  all  citizens  of  the  I'liitcd  Stales,  domiciled 
u  itjiiu  this  Stale,  on  the  adoption  of  the  Ordinance  of  sej)- 
ara,lioii.  January  llth,  18G1,  be  re,£>-arded  as  citizens  of  Mis- 
sissipiii^entitled  io  all  the  rig'hts  and  i>rivilep:os.  and  subject 
to  all  the  liabilities  incident  thereto. 

Mr.  C'la])]). tVom  tiie  coininittee  on  Postal  Aflairs.  reported, 
an  ordinance,  whicii. 

Oji  his  motion,  was  laid  on  the  table  and  2ll(.)  (■o])ies  were 
ordered  to  be  •iTi'niled,  and  made  tlie  si)ecial  oi-der  for  three 
o'clock  this  evening. 

Mr.  J3aldwiu  offered  the  following  resolution. 

Which  was  lost  : 

ll/:stJv(u}.  Thai  the  rules  ado]»ted  for  the  gtjvurnment  of 
this  C'oViVention.  be  amended  liy  1h^  ado])tion  of  the  follow- 
ing :  "That  no  ordinance  shall  be  put  upon  its  iinal  pa>sage 
until  it  has  l)een  read  three  times  and  reierred  to,  ami  acted 
upon  by  the  conunittee  of  reference  ;  that  an  additional 
standing  committee  shall  be  ap]3ointed  by  the  President,  con- 
sisting of  three  mnnber  *n  be  known  as  the  Committee  of 
Reference. 

Mr.  Miller  of  Poniuioe,  offered  the  following  resolution  : 

Rrsolv((l^  That  His  Excellency,  the  Governor,  be  requested 
to  ]>rocure  suitable  Halls  foi-  the  accommodation  of  the  Leg- 
islature about  to  assemble. 

Mr.  Tison  offered  the  following  amendment  as  a  substi- 
tute : 

Bc'-ioloed,  That  the  President  of  this  Convention  appoint 
a  connnittec  of  three  to  prepare  a  Hall  for  the  accommoda- 
tion of  this  Convention  during  the  sitting  of  the  Legisla- 
ture. 

Mr.  Ramsey  moved  to  lay  Itoth  the  resolution'  and  substi- 
tute on  the  table. 

Which  was  Io:t. 


21 

The  question  was  then  taken  on  the  adoption  of  the 
amendment  and  decided  in  the  affirmative. 

The  President  ap))ointed  as  said  committee,  Messrs.  MiHer 
of  Pontotoc,  Tison  and  Anderson. 

Mr.  Chiyton  of  Marsliall.  made  the  following-  report  : 

Mr.  President  : 

The  committee  to  whom  was  assigned  the  duty  of  com- 
paring the  Ordinance  of  Secession  as  enrolled  witli  the  orig- 
inal ordinance  as  adopted,  beg  leave  to  report  tliat  they 
have  performed  tlie  duty  entrusted  to  them,  and  that  they 
find  the  Ordinance  prepared  for  the  signature  of  the  dele- 
gates to  be  a  true  and  perfect  transcript  of  the  original. 

On  motion  of  Mi'.  Oeorgc, 

liesolvcd.  That  the  resolution  heretofore  adopti'd  by  this 
Convention  inviting  Judges  of  tlic  Tligli  Court  of  Errors 
and  Appeals  to  a  seat  in  this  Cmivention,  l.)e  so  exleilded  as 
to  include  all  ])ersons  who  liave  herctofoj-e  held  that  office 
or  tlic  ofTico  of  Justice  of  the  Old  Supreme  Court  of  this 
State. 

The  lion.  A.  13urt.  Commissioner  from  tiie  sovereign,  free 
and  Independt'nt  State  of  South  Carolina,  was  intro(hu^ed 
by  the  President,  and  addressed  the  Convention. 

On  motion  of  Mr.  Orr,  the  Conveiition  adjourned  until 
to-morrow  morninG:  lf>  o'clock. 


SATURDAY,  Jaxuaiiy  12th,   ISlil. 

The  Convention  met  pursuant  to  adjournnu^nt. 

Prayer  by  Rev.  Mr.  Snow. 

Proceedings  of  yesterday  read  and  ajiproved. 

Mr.  Dyer  offered  the  following  resolution,  wliich,  on  his 
motion,  was  referred  to  committee  on  Ways  and  Means. 

Resolved,  That  the  couunittec  on  Ways  and  Means,  enquire 
into  the  expediency  of  this  State  issuing  bonds  to  an  amount 

not  exceeding dollars,  in  sums  ranging  from   one 

hundred  to  one  thousand  dollars,  to  be  signed  by  tlie  (iover- 
nor,  or  such  other  officer  as  may  be  designated  for  that  pur- 
j)Ose,  and  made  payable  to  such  person  as  may  be  named,  to 
bear  eight  per  cent,  interest  per  annum,  from  the  time  of 


ilicir  iK'ii'nuaiKMi.  ;ui(i  me  iiiifii'^L  iimi  one-leutli  of  the  prin- 
cipal ol"  i=nid  Itoiulr^:  Provided,  they  shall  be  sohl  or  disposed 
of.  to  be  annually  paid  in  the  State  tax  of  tlie  lioldcrs  therc- 
ul".  if  it  bo  sufficient,  but  if  not.  then  the  lialancc  in  money; 
.said  boiKJs  to  be  sold  to  citizens  of  this  State,  and  the  money 
arising  from  their  sale  to  lie  expended  in  the  military  dcfeuce 
of  the  State,  if  needed  for  that  pm-pose  ;  and  should  said 
committee  approve  of  the  issuance  of  such  bonds,  they  are 
hereliy  instructed  to  report  an  ordinance  directing  the  same 
to  bo 'done,  or  if  certificates  to  be  issued  by  the  Treasurer  of 
the  State  should  be  deemed  proferaV>le,  then  they  shall  bo 
issued  instead  of  ^aid  bonds. 

ilr.  Chalmers,  from  the  connuittee  on  Military  and  Naval 
aiVairs,  made  a  report,  which,  on  his  motion,  vras  laid  on  the 
table,  and  1200  copies  ordered  to  be  printed. 

Mr.  Brantley  reported  an  additional  ordinance,  which  was 
likewise  laid  on  flie  table,  and  ordered  to  be  printed. 

On  motion  of  Mr.  Ellett, 

Ikfiolvcd,  Tliat  all  ordinances  that  may  be  passed  ])y  this 
Convention,  shall  be  enrolled  by  the  Secretary,  ■  in  a  fair 
hand,  on  suitable  paper,  an^lshall  be  signed  by  the  President, 
with  the  date  of  the  passage  thereof,  and  deposited  in  the 
office  of  the  Secretary  of  State  for  preservation,  entitled  an 
ordinance  in  relation  to  tin-  Chickasaw.  Choctaw.  Creek, 
and  Cherokee  Nations. 

Mr.  Fontaine  offered  an  ordinance,  whicli,  on  his  motion, 
was  referred  to  committee  on  a  Southern  Confederacy. 

On  motion  of  ^Mr.  Ellett, 

Resolved.  That  the  signing  of  the  ordinance  of  secession 
be  ])ostponcd  until  Tuesday  next,  at  11  o'clock. 

Mr.  Clayton,  of  IMarshall,  offered  the  following  resolution, 
which,  on  his  motion,  was  referred  to  committee  on  State 
Constitution,  with  instructions  to  report  thereon,  as  early 
as  practicable. 

We,  the  people  of  Mississippi,  in  Convention  assembled,  do 
ordain  and  declare  that  the  ninth  section  of  the  seventh  arti- 
cle of  the  Constitution  of  this  State  be,  and  the  same  is 
hcrcl)y  altered  and  amended,  so  far  as  to  suspend  the  force 
and  effect  of  that  part  of  said  section  which  required  the 
action  of  two  succc'^sive  Legislatures  to  pass  a  law  to  raise 
money  and  pledge  the  faith  of  the  State  for  the  payment 
thereof,  until  the  difficulties  now  existing  between  this  State 
and  other  foreign  States  or  Governments  are  adjusted. 
Mr.  Smart  oflercd  the  following  resolution  : 


23 

That  the  committee  on  ]\rilitaiy  affair?,  be  instructed  to 
report  an  ordinance  to  form  out  of  the  troops  provided  to 
be  raisqf]'!)}-  an  ordinance  entitled,  "  An  ordinance  to  regu- 
late the  Military  System  of  the  State.'"'  One  brigade  of 
regular  troops  to  consist  of  two  Regiments  of  Infantry,  three 
Squadrons  of  Cavalry,  and  one  Battalion  of  Light  Artillery, 
to  be  organized,  armed  and  equipped  as  in  the  army  of  the 
United  States,  to  be  commanded  by  one  of  tlic  Brigadier 
Generals — to  be  subject  to  all  the  rules  and  regulations  pro- 
vided for  in  the  ordinance  above  refoji'red  to. 

On  motion  of  ]\Ir.  Chalmers, 

The  resolution,  and  the  information  accompanying  it,  was 
laid  on  the  table,  200  copies  ordered  to  be  printed,  and  made 
the  special  order  of  the  day  for  Tuesday,  at  1 1  o'clock. 

Bcsolvcd,  That  the  following  words  be  by  the  enrolling 
clerk,  appended  at  the  end  of  the  ordinance  of  secession  :  ' 

"  In  testimony  of  the  passage  of  vrliich,  and  the  determina- 
tion of  the  members  of  this  Convention  to  u|)hold  and  main- 
tain the  State  in  the  position  she  has  assumed  by  said  ordi- 
nance,— it  is  signed  by  the  President  and  members  of  this 
Convention,  this  the  day  of  January,  A.  D.  1861." 

On  motion  of  Mr.  Gholson, 

Iksolvcd,  Tliat  the  Auditor  of  Public  Accounts  be  instruct- 
ed to  report  to  tliis  Convention  the  number  of  acres,  and 
value  of  land,  including  town  lots  subject  to  taxation;  also 
the  numl)er  of  negroes,  and  the  value  of  other  personal  pro- 
perty, includiug  the  amount  of  the  sales  of  merchaiidi/e.  nnd 
amount  of  money  loaned  at  interest  in  this  State. 

[See  Table  in  Appendix.]  . 

On  motion  of  IMr.  Clapp,  the  Convention  resolved  itself 
into  committee  of  the  Whole,  to  consider  the  ordinance  on 
Postal  amiirs  : 

Mr.  Miller,  of  Pontotoc,  in  tlie  chair. 

After  some  time  spent  tlicrein,  the  committee  rose,  rcjiorted 
the  ordinance  back  to  the  Convention,  with  two  amendments 
thereto,  and  recommended  its  adoption  as  amended. 

Mr.  Miller,  of  Pontotoc,  moved  that  the  report  be  received 
and  agreed  to. 

A  division  being  called  for,  the  report  was  received. 

The  question  was  then  lakon  on  the  adoption  of  the  fol- 
lowing amendment  offered  by  Mr.  Clapp,  in  committee  of  the 
Whole,  and  decided  in  the  affirmative,  to-wit: 

Amend  by  striking  out  the  Avords.  "prior  I","  in  (h(>  sixih 
line,  and  insertinir  the  word  "  at." 


24 

The  «iiK'Stion  was  llicn  taken  on  tlic  adoption  of  the  tbllow- 
in.^  anien<hnent  oflered  by  Mr.  Harri?,  iii  coniiriittfeel  of  the 
Whole,  and  decided  in  tlio  negative. 

Strike  out  all  after  the  word  "  force,"'  in  sixth  line,  and 
insert,  '"on  the  Uth  day  of  Jainiary.  18G1.  l)ft  and  the  same 
are  hereby  continued  in  force;  and  the  per.^ons  charp^ed  with 
the  duticr-'  imposed  by  said  conti-acts  and  laws,  shall  continue 
to  perform  the  same  initll  otherwise  ordered  by  this  Conven- 
tion, or  the  Legislatnre  of  this  State;  and  that  the  penalties 
for  all  violations  of  the  laws  aforesaid  in  this  State  be  en- 
forced by  prosecution  in  the  name  and  by  the  authority  of 
the  State  of  Mississippi,  in  the  Circuit  Criminal  Courts 
thereof.  accordinL''  to  the  laws  and  practice  reffulatinsr  said 
Courts." 

The  question  was  then  taken  on  agreeing  to  the  report  of 
the  committee  of  tlio  Whole,  as  amended,  and  decided  in  the 
afiirmative. 

Mr.  J>olling  oflered  the  following  amendment: 

it^W(v(?,  That  if  postal  arrangements  shall  be  disturbed 
or  discontinued  by  the  United  States,  then  and  in  that  case 
the  existing  contracts  of  the  United  States,  in  the  Republic 
of  Mississip])i,  or  so  inucli  as  may  be  necessary,  l)e  assumed 
V)y  the  Republic  of  Mississippi,  until  other  I'Cgulations.  shall 
be  made. 

Wliich  was  lost. 

^Ir.  Ellett  offered  the  following  amendment: 

Amend  the  ordinance  by  striking  ont  the  word  "  the.'"  at 
the  commencement  of  tlie  l-2th  line,  and  insert  the  word 
"that," 

Which  was  adopted. 

Mr.  lOllett  <)nered  the  following  amendment: 

Amend  bv  sulistituting  the  word  "  that,"  licfore  the  word 
"nil."  in  tlie  l;^th  line.' 

Whicli  Avas  lost. 

On  motion  of  Mj-,  Tison.  the  oi-dinaiKC  as  amended,  was 
ord(M-ed  to  be  engrossed,  and  made  the  special  order  for  Mon- 
day, II)  o'clock. 

On  motion  of  Mr.  Ijamar,  the  Convention  Avent  into  secret 
session. 

'I'hc  injuncijoii  of  secresy  Avas  removed  from  the  folloAving 
proceedings. 

.Mr.  Harris  olVereij  ilic  following  resolution. 

Which  Avas  unanimously  adopted  : 

Resolved,  'Hiat  the  pcoi)lc  of  the  State  of  Mississippi,  re- 
cognize  the  i-ight  of  the  free  navigation  of  the  Mississipj)!- 


25 


river  for  commercial  pm'poscs,  in  time  of  peace,  by  all  the 
States  occupying  its  banks,  and  they  are  willing  to  enter  into 
proper  stipulations  to  secure  the  enjoyment  of  that  riglit. 
The  Convention  ilien  adjourned  until  ^londay  morning. 


MONDAY.  January  14th,  18G1. 

Tlie  Convention  met  pui-suant  to  adjournment. 

The  Journal  of  12th  instant  read  and  ajiproved. 

On  motion  of  Mr.  Tison,  the  Convention  proceeded  to 
consider  the  ordinance,  entitled  an  ordmance  to  provide  for 
postal  arrangements  in  Mississippi. 

Mr.  Boiling  oflfercd  the  following  amendment,  by  way  of 
ryder  to  the  lirst  section: 

'  And  furtlier — That  if  contractors  shall  be  disturbed  or 
discontinued  by  the  United  States  Government,  or  be  in  dan- 
ger of  losing  their  compensation  for  carrying  the  mails  with- 
in the  borders  of  tlus  State,  then  and  in  t!iat  case,  the  exist- 
ing contracts  of  the  United  States  with^  said  contractors, 
shaUbe  assumed  by  the  State  of  Mississipjti,  upon  proof  that, 
said  disturbance  and  discontinuance  has  not  been  caused  by 
the  neglect  or  failm^e  of  the  contractor  to  discharge  his  duty: 
That  said  assimipsit  shall  end  and  deteimiue  when  further 
postal  arrangements  shall  be  made  by  the  Congress  or  Con- 
vention of  the  States  forming  the  Southern  Confederacy. 

On  motion  of  Mr.  Gholson, 

The  amendment  was  laid  on  the  table. 

The  question  was  then  taken  on  the  passage  of  the  ordi- 
nance, and  decided  in  the  affirmative. 

Ordered  that  the  title  of  the  above  ordinance  stand  as 
stated. 

Mr.  Harris,  Chairman  of  the  committee  on  Federal  Juris- 
diction and  Property,  made  a  report,  which,  on  his  motion, 
was  laid  on  the  table.  Two  hundred  copies  of  the  ordinance 
ordered  to  be  printed,  and  made  the  special  order  for  Wed- 
nesday, 16th,  at  11  o'clock. 

Oii  motion  of  Mr.  Chalmers,  the  Convention  resolved  itself 
into  committee  of  the  Whole,  for  the  purpose  of  taking  into 
consideration  the  ordinance  ou  Military  affairs, 

Mr.  Gholsou  in  the  chair. 


2(> 

After  some  time  spent  therein,  the  committee  rose,  reported 
back  tbo  ordinance,  with  the  following  amendments,  and 
asked  that  it  be  made  special  order  for  Thursday,  at  12 
o'clock. 

Amend  the  tii'st  section  by  inserting  the  words,  "order  of," 
after  the  word  by  at  the  end  of  the  second  line,  and  liy  strik- 
ing out  in  the  third  line  the  words,  "  for  the  period  of  five 
years,  unless  sooner  discharged,"  and  insert  the  words,  "  to 
serve  until  discharged  as  hereinafter  provided  for." 

Amend  tlic  fourth  section,  by  inserting  in  the  23rd  line,  be- 
tween "  them  and  out,"  the  words,  "  or  any  of  them,"  and 
after  the  word  tliem,  insert  the  words,  "  or  officers  of  any 
company  or  companies;"  and  further  amend  by  striking  out 
in  tlie  80th  line,  the  words,  "  the  compensations  of  members 
of  tlic  Legislature,"  and  inserting  the  words,  "  live  dollars 
per  day."  Further  amend  by  inserting  in  the  29th  line,  after 
the  word  army,  the  words,  "until  altered  by  the  Legislatui'e 
of  the  State."  ' 

Amend  section  fifth,  by  inserting  in  the  39th  line  after  the 
word  "  thereof,"  the  following  words,  "  and  to  assign  to 
eacli  Brigade,  Regiment  and  Squadron  the  requisite  field  offi- 
cers, elected  as  hereinbefore  provided,  designating  the  officers 
^ly  name,  to  be  assigned  to  each  particular  Brigade,  Regiment 
and  Squadron. 

Further  amend  by  striking  out  all  after  the  word  "State," 
in  tlio  forty-second  line." 

Amend  section  eight  by  striking  out  all  after  the  word 
"when,"  in  the  60th  line,  to  the  word  "between,"  in  the  61st 
line,  and  insei't,  "  friendly  relations  by  treaty  or  otherwise, 
shall  be  established." 

Amend  ninth  section  by  adding  thereto  the  words,  "  and 
shall  continue  in  operation  until  repealed  by  this  Convention, 
or  by  the  Ijegislaturc  of  the  State,  after  this  Convention  shall 
have  fmally  adjourned. 

The  report  of  tlic  committee  was  received  and  agreed  to, 
and  the  ordinance  made  tlie  special  order  for  Thursday,  at 
12  o'clock. 

On  motion  of  Mr.  Jones, 

lii'Holved,  Tliat  a  committee  of  three  be  appointed  to.  pro- 
pose to  the  House  of  Reiu'csentatives  that  the  use  of  this 
Hall  be  yielded  to  this  Convention  from  and  after  the  liour 
of  2  o'clock,  P.  M.  eadi  day  Avhile  both  bodies  are  in  session. 

'jQie  President  appointed  as  said  committee,  Messrs.  Jones 
of  Sunflower,  0.  Davis,  and  Young. 

Convention  went  into  scciset  session.  * 


27  . 
TUESDAY,  January  15th,  1861. 

The  Couvention  met  pursuant  to  adjoimimcnt. 

The  procccding-s  of  14tli  instant  read  and  approved. 

Mr.  Glemi,  Chairman  of  the  committee  on  Hie  formation 
of  a  Southern  Confederacy,  made  a  report, 

Which  was  received  and  agreed  to. 

On  motion  of  Mr.  Glenn, 

The  report  was  laid  on  the  table;  two  hundred  copies  wore 
ordered  to  be  printed,  and  made  tlie' special  order  of  tlieday 
for  to-morrow,  at  11  o'clock. 

The  Convention  proceeded  to  the  consideration  of  its  spe- 
cial order,  to-wit:  the  resolution  otfcred  by  Mr.  Smart: 

That  the  committee  on  Military  aifairs  be  instructed  to  re- 
port an  ordinance  to  form  out  of  the  troops  provided  l>y. 
an  ordinance  entitled,  "An  ordinance  to  regulate  the 
Military  System  of  the  State,"  one  Brigade  of  regular  troops, 
to  consist  of  two  Regiments  of  Infantry,  three  Squadrons  of 
Cavalry,  and  one  Battery  of  Light  Artillery,  to  be  organized, 
armed  and  equipped  as  in  the  army  of  the  United  States,  to 
be  commanded  by  one  of  the  Brigade-Generals,  and  to  be 
subject  to  all  the  rules  and  regulations  provided  for  in  the 
ordinance  above  referred  to. 

The  question  was  taken  on  the  adoption  of  the  resolutioii, 
and  decided  in  the  negative. 

The  President  announced  the  following  as  a  counnittec  on 
Indian  affairs: 

Messrs.  Fontaine,  Benton,  Reynolds,  Orr,  and  Keith. 

On  motion  of  Mr.  Rogers, 

Resolved,  That  the  President  of  the  Senate,  the  Speaker  of 
the  House  of  Representatives,  and  John  A.  Wilcox,  a  mem- 
ber elect  to  the  Convention  of  the  State  of  Texas,  be  invited 
to  take  a  seat  within  the  )jar  of  this  Convention. 

Mr.  George  offered  a  letter,  which  ho  desired  to  have  re- 
ferred to  the  Governor's  Council,  and  it  was  so  ordered. 

Mr.  Brooke  offered  a  report  from  the  committee  on  Citizen- 
ship, 

Which  was  received  and  agreed  to. 

On  his  motion,  the  report  was  laid  on  the  l.ri):f,  a  ad  iw  > 
hundred  copies  ordered  to  lie  ]unnted. 

Mr.  Clayton,  of  Marshall  offered  the  following  resolutions, 

Which  were  adopted: 

Resolved,  That  when  the  Convention  proceeds  to  sign  the 
ordinance  of  secession,  it  be  first  signed  by  the  President,  and 
attested  by  the  Secretary  of  the  Convention.  That  the  coun- 


28 

tics  then  be  called  in  alphabeUcal  oidor,  and  tlic  delegates 
affix  their  signature^^  in  the  order  in  which  their  counties  and 
their  own  names  arc  called. 

liffiofvrd  a/.9o,  That  the  Governor  of  this  State,  and  House 
of  Rei»rc'scntative,s  l>c  invited  to  he  present  at  the  time  tlie 
sanu:  is  signed. 

On  niotion  of  .Mr.  Jirantley, 

IicsoJfcd,  That  the  President  of  the  Convention  ajjpointa 
i-oinuiittoc  of  three,  to  inform  his  Exccllcnc}^  the  Governor, 
that  the  Convention  is  about  to  proceed  to  sign  the  ordinance 
of  secession,  and  invites  hini  to  be  present. 

The  President  apj)ointed  as  said  committee: 

.Messrs.  Brantley.  Bootlie.  and  Tisou. 
•  Tlie  connnittee  to  inform  the  Governor  of  the  invitation  of 
this  Convention  to  l)e])resent  at  the  signing  of  the  ordinance 
returned,  and  tin-ongh  iMr.  Tison,  reported  that  the  connnittee 
had  discharged  their  duty,  and  that  tlie  Governor  accepts  tlie 
invitation. 

On  motion  of  Mr.  Ellett,  the  members  of  the  Convention 
proceeded  to  sign  the  ordinance,  it  beirig  the  s^^ecial  order 
for  this  hour,  to-wit.  11  o'clock.  A.  j\r. 

Mr.  Ellctt  oifered  the  following  rC'^olalion. 

Will  eh  was  adopted: 

R<-^(jh-af,  That  the  Secretary  of  State  lie  requested  to  cause 
the  ordinance  of  secession  to  be  suitably  framed  for  its  better 
) -.reservation  in  his  office. 

Mr.  Lamar  ottered  the  following  resolution: 

Resolved,  That  the  Commissioners  appointed  by  his  Excel- 
lency the  Governor,  in  pursuance  of  a  resolution  of  the  Legis- 
lature of  the  State  of  !Mississi])pi.i)roviding  for  the  appoint- 
ment of  Commissioners,  etc.,  approved  November  30th,  1860, 
l)e  furnished  each  with  a  copy  of  the  ordinance  of  secession 
adopted  by  this  Convention,  and  that  they  be  requested  to 
.■-ubmit  the  same  to  t!ie  Conventions  of  the  States  to  which 
they  have  been  accredited,  and  solicit  the  co-operation  of  said 
States,  with  the  action  of  South  (^^arolina.  Mississippi,  Florida, 
and  Alabania. 

On  motion  of  i\Ir.  Tjamnr,  the  resolution  was  laid  on  the 
table. 

Mr.  Walter  offered  the  following  re.-oliitions. 

Which  were  adopted: 

fiesoivcd.  That  the  State  of  Mississippi  recognizes  the 
State  of  Florida  as  d  Sovereign  and  independent  Nation, 
and  will  correspond  and  treat  with  her  as  such. 


29 

Resolved,  That  tlio  State  of  Misifdssippi  recognizes  the  State 
of  Alahmna  as  a  povoreign  and  indepciidcut  nation,  and  will 
coiTO.-^pond  and  troiil  with  hor  n>^  snclu 

Mr.  Wriuiit.  'Voni  iho  coinimttpo  of  Way,-;  and  ^Icanp,  made 
a  ro)>orl, 

Which  was  l•oeei^('d  and  atiiced  to,  laid,  on  Ihc^dilc,  and 
"200  coj^ios  oi-dcred  to  l)e  jn'inted. 

Mr.  AU'orn.  IVoni  the  r^amcconnnittfo.  staled  he  v/ould  \^vc- 
sent  a  ilinorily  ro])ort.  to  1)0  ron^idorod  witli  the   majority. 

On  his  motion,  it  was  hiid  on  tl)o  tnltlo.  and  "200  copios 
ordered  to  Itc  jirinted. 

On  motion  of  ^Ir.  (Jlcnn. 

Remlvcd  That  the  eommittre  on  a  Southern  (.'onredci'iicy 
lie  instrneted  to  enquire  a?;  to  the  propriet}'  of  appointing-  a 
Comn.Hssioner.'or  Comniissioner.s.  whose  duty  it  shall  lie  to 
visit  tlie  CityofWashingtoii,  and  layltefore  the  President  of 
\hc  United  States,  an  authentic  copy  oT  the  ordinance  of  se- 
cession jiassed  by  the  Convention,  and  confer  Avith  hinnipon 
the  future  I'clatioiis  and  intercourse  of  tliat  froverniumt.  and 
<iovernment  of  tlie  Stat<'  of  Mississiupi.  and  report  by  reso- 
lution, or  otherwise. 

Mr.  LamarV  resohition  in  I'chitiou  to  Conuuissior.ers  ap- 
jtoiiited  by  the  Governor,  was  tlien  tak(Mi  nji. 

rending  its  consideration, 

On  motion  of  Mr.  Gliolson,  tJic  Convention  ad.joll^n^^d  unti] 
to-morrow  moniiii'_i-.  OJ.  o'clock. 


WEDXKSDAY.  J\^v.\\iy  IOtti,  1801. 

The  Convention  met  pursuant  to  Adjournment. 

The  .fournal  of  the  ])recediim-  day  was  rea.d  and  approved. 

Mr.  Clayton,  of  Lowndes,  oftered  a  series  of  resolutions, 
which,  on  his  motion,  were  laid  on  tlie  table,  and  "200  copie? 
ordered  to  be  lu-inted. 

On  motion  of  Mr.  (Jlenn. 

Rcf^olrnJ,  That  the  Convention  on  .Miblarv  and,  Xavaf 
atfairi*.  ho  instructed  to  enquire  wintt  nuvTsures.  if  any,  aiv 
nece-sary  f<u-  the  protection  and  defense  of  the  Sea-coast  of 
the  State  of  -Mis.  i,^sip|ii,  and  the  Islasjds  t^nitiiEcpcuis  thereto, 
and  report  them  as  speedily  as  possible.  Viv  'ordinance,  or 
otherw'  ^.  '  .  ' 


30 

Mr.  l>ai-k.=(lalc  made  tlic  following  report, 

Which  was  received  and  agreed  to: 

Tiie  committee  on  Enrolled  ordinances,  beg  leave  to  report, 
l;;at  they  have  had  under  examination  au  ordinance  entitled, 
**  An  ordinance  to  provide  for  po;stal  arrangements  in  Missis- 
sip])i."  and  find  the  same  correctly  enrolled. 

On  niotbn  of  Mr.  Harris,  the  Convention  resolved  itself 
into  committee  of  the  Whole,  for  the  purpose  of  considering 
an  ordinance  concerning  the  jurisdiction  and  property  of  the 
United  States  of  America  in  the  State  of  Mississippi, 

Mr.  Gholson  in  the  chair. 

After  some  time  spent  tlierein,  the  committee  rose,  reported 
back  the  ordinance,  with  the  Ibllowing  amendments,  and  re- 
commended its  passage  as  amended. 

Amend  section  2d,  as  follows: 

After  the  word  ''  same,"  in  the  3rd  line,  insert  the  words, 
"or  pertaining  to  lands  heretofore  granted  or  sold  by  the  said 
United  States."' 

Amend  section  3rd: 

After  the  word  "com'ts,"'  in  iifth  line,  insert,  "  or  of  the 
Supreme Tlourt  of  the  United  States,  in  which  a  citizen  of 
this  State  is  a  party." 

Amendment  3rd  as  a  substitute  for  section  5,  "  That  tlu- 
late  lilarshals  of  the  United  States  for  the  Northern  and 
Southern  Districts  of  lliis  State,  and  tlicir  assistants,  be,  and 
they  are  hereby  authorized  and  empowered  to  continue  the 
^crcise  of  their  duties  as  far  as  may  be  necessary  to  complete 
the  census  returns  of  the  United  States,  but  no  further." 

The  report  was  received  and  agreed  to,  and  the  ordinance, 
as  amended,  ordered  to  be  engrossed,  and  made  the  special 
order  for  to-rnorrow,  at  11  o'clock. 

On  motion  of  Mr.  Glenn,  the  Convention  resolved  itself 
into  committee  of  the  AVhole,  to  consider  the  report  of  the 
"committee  on  a  Southern  Confederacy," 

Mr.  Clayton,  of  Marshall,  in  the  chair. 

After  some  time  spent  thei'ein,  the  committee  rose,  reported 
jtrograss,  and  asked  permission  to  sit  again  at  7  o'clock  this 
evening, 

Whidi  was  received  and  agreed  to. 

On  motion  of  ,Mr.  iTolt.  tlie  Convention  wi-nt  into  secret 
session. 

SEVEN    o'clock,   p.  M. 

Tlic  Convention  met  pursuant  to  adjournment. 


31 

Oil  niolion  of  Mr.  Anderson, 

Ilesolved,  Tliat  when  the  Convention  goes  into  secret  ses- 
sion, tliat  it  shall  be  only  on  such  matters  exclusirely  as  should 
be  considered  in  secret  session,  and  that  all  other  matters  be 
ruled  out  of  order  by  the  President. 

On  motion  of  Mr.  Glenn,  the  Convention  went  into  com- 
mittee of  the  Whole,  to  consider  the  ordinance  inrclation  to  a 
Southern  Confederacy, 

Mr.  Clayton,  of  Marshall,  in  the  chair. 

After  some  time  spent  therein,  the  connnittce  rose,  reported 
the  ordinance  back,  with  various  amendments,  and  recom- 
mended its  passage  as  amended; 

Which  was  received  and  report  laid  on  the  table  for  the 
l)resent. 

Mr.  Jones  made  the  following  report: 

The  committee  appointed  to  confer  with  the  House  of  Re- 
presentatives in  regard  to  the  use  of  this  Hall,  have  performed 
the  duty  assigned  them,  and  beg  leave  to  report:  Tliat  the 
House  of  Representatives  have  by  resolution,  agreed  to  yield 
the  occupation  of  the  Plall  to  this  Convention  from  and  after 
the  hour  of  2  o'clock, -P.  M.  on  each  day,  while  both  bodies 
are  in  session. 

On  motion  of  Mr.  Gholson,  the  Convention  adjourned. 


THURSDAY,  January  ITtii,  1861. 

The  Convention  met  pursuant  to  adjournment. 

Proceedings  of  yesterday  read  and  a])proved. 

On  motion  of  Mr.  Chalmers,  the  Convention  resolved 
itself  into  committee  of  the  whole,  to  consider  the  Ordi- 
nance regulating  the  Military  Affairs  of  the  State. 

Mr.  Gholson  in  the  chair. 

After  some  time  spent  therein  the  committee  rose,  reported 
progress,  and  asked  leave  to  sit  again  at  7  o'clock  this  even- 
ing. 

Which  was  received  and  agreed  to. 

On  motion  of  "Sir.  Fontaine, 

Resolved,  That  F.  A.  Pope,  the  Secretary  of  this  Conven- 
tion, and  T.  S.  Hardee,  who  obligingly  and  gratuitously 
enrolled  on  jiarcHment  the  Ordinance  of  Secession  adopted 
by  this  body,  be  and  they  are  hcreliy  invested  with  the  ex- 


elusive  ri^lit  to  lithrograpli  for  tlicir  joint  use  and  ))enc^;t, 
the  said  Ordinance  and  tlic  signatures  thereto. 

A  connnunication  from  the  Auditor  of  Public  Accounts 
was  submitted,  which, 

Ou  motion  of  Mr.  Gholson,  was  laid  on  the  table  and  two 
luiudred  copies  ordered  to  be  printed. 

Mr.  Deason,  chairman  of  the  committee  on  Engrossed  Or- 
dinances, made  tlie  following  report : 

JIr.  President  : 

The  Committee  upon  Engrossed  Ordinances  have  had 
under  examination,  an  Ordinance  concerning  the  Jurisdic- 
tion and  Property  of  the  United  States  of  America  in  the 
State  of  Mississippi,  and  liog  leave  to  report  that  the  same 
is  correctly  engrossed. 

Tlie  question  was  then  taken  on  the  passage  of  the  Ordi- 
nance reported  as  al)ove  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Glenn,  the  report  of  the  Connnittec  of 
the  Whole  on  Southern  Confederacy,  was  cjilled  from  tlie 
table. 

The  (piestion  being  on  agreeing  to  the  report  of  the  Com- 
mittee of  the  Whole,  the  following  amen<lnients  reported 
back  to  the  Convention  were  then  adopted,  to-wit : 

Amend  lirst  resolution  by  inserting  after  the  word  Dele- 
gates in  the  second  line,  the  following  words,  "one  from 
each  Congressional  District  and  two  for  the  State  at 
large." 

Amend  resolution  third  by  striking  out  the  word  "late"  in 
the  fifth  line  before  the  words  "United  States." 

Amend  resolution  fourth  by  striking  out  the  word  "in- 
struct" in  the  lirst  line  and  insert  the  Avord  "authorize." 

In  third  line  strike  out  the  word  "late"  before  the  words 
"United  States." 

Further  amend  by  striking  out  in  the  fourth  line  the 
words  "ijcfore  the  fourtli  day  of  March  next"  and  inkn't  the 
words  "as  early  as  practicable." 

Amend  the  same  line  by  striking  out  the  word  "instructed" 
and  substitute  the  word  "authorize." 

Amend  the  sixth  line  by  striking  out  the  word  "late"  be- 
fore the  words  "United  States." 

Ainend  resolution  fifth  by  striking  out  the  words  "that 
they"  and  sul)stitute  the  word  "to." 

Amend  the  same  resolution  by  striking  out  in  the  fourth 
Hue  the  word  "late"  before  the  words  "Federal  Union." 

The  following-  amendment  to  resolution  fourth  was  re* 
JQCted ; 


33 

Amend  by  striking  out  in  the  eighth  and  ninth  lines  the 
words  "one  year  from  the  first  ISIonday  and  the  fourth  day 
of  February,  A.  D.,  1861,"  and  insert  in  lieu  thereof  the 
words  "t^ro  years  from  the  first  day  of  July." 

Mr.  Aldridge  offered  the  following  amendment : 

Amend  the  first  resolution  by  tilling  the  blank  with  the 
words  "eighteenth  of  January  3  o'clock,  p.  M." 

Which  was  adopted. 

Mr.  Gholson  offered  the  following  amendment : 

Amend  second  line  in  first  resolution  by  inserting  after 
the  word  "Delegates"  the  words  "who  are  not  members  of 
the  Convention." 

The  yeas  and  nays  being  called  for  the  amendment  was 
lost  by  the  following  vote  : 

Yeas. — Messrs.  Bond,  Boiling,  J.  S.  Davis,  Dease,  Doug- 
las, Dyer,  Eckford.  Farrar,  Glenn.  Gibson,  Gholson,  Hill, 
Jones,  Keirn,  Kennedy,  King.  Marshall,  Miller  of  Pontotoc, 
Myers,  Nccly,  Ramsey,  Sanders,  Senmies,  Smart,  Sumner, 
Stevens,  Welsli.  Wilkinson,  Wright  and  Young — 32. 

Nays. — Mr.  President,  Messrs.  Anderson,  Aldridge,  Barks- 
dale.  Baldwin,  Backstrom,  Booth,  Brantley,  Brooke,  Benton, 
Blair,  Berry,  Bullard,  Bookter,  Clayton  of  Marshall,  Clay- 
ton of  Lowndes,  Catcliings,  Chalmers,  Cumniiugs,  Colbert, 
Clapp,  0.  Davis,  Deason.  Ellett,  Fizer,  Flournoy,  Fontaine, 
George,  Gwin,  Harris,  Herring,  Holt,  Hurst,  Isom,  John- 
ston of  DeSoto,  Johnston  of  Jeiferson,  Keith,  Lea,  Lamar, 
Lowers,  Lewis,  ]\Iayson,  McGehee  of  Bolivar,  McGehee  of 
Panola,  Miller  of  Tunica,  Nelson,  Orr,  Powell  of  Coving- 
ton. Powell  of  Jones,  Roberts,  Rogers,  Reynolds,  Terral, 
Tison,  Taylor,  Thornton,  Thompson,  Walter,  Witty,  Woods 
and  Yerger — 61. 

Mr.  Gholson  oflered  the  following  amendment : 

Amend  first  resolution  in  third  line  by  inserting  after  the 

word  "those"  the  words  "slave  holding." 
The  yeas  and  nays  being  called  for  the  amendment  was 

lost  by  the  following  vote  :  "- 

Yeas.— Messrs.  Backstrom,  Bookter,  Colbert,  Dease,  El- 
lett. Fontaine,  Gibson.  Gholson,  Gwin,  Harris,  Lewis.  May- 
sou.  Miller  of  Pontotoc,  Miller  of  Tunica,  Neely,  Nelson. 
Powell  of  Covington.  Ramsey,  Rogers,  Semmes,  Vaughan, 
Welsh  and  Woods— 23. 
C— 7 


34 

X^YS. — Mr.  President,  Messrs.  Anderson.  Aldridge,  Barks- 
dale,  Baldwin,  Booth.  Branilov,  Brooke.  Benton,  Blair,  Berry, 
Bonds,  Boiling,  BuUurd.  Clayton  of  Marsliall.  Clayton  of 
Lowndes,  Cat<7liings.  Chalmers,  Cnmmings,  Clapp,  0.  Davis, 
J.  S.  Davis.  Douglas,  Dyer,  Deasoii.  Eckford,  Farrar,  Fizer, 
Flounioy,  George,  Glenn,  Herring.  Hill,  Holt,  Hurst,  Isom, 
Johnston  of  DeSoto.  Johnston  of  JellVrson.  Jones,  Keini. 
Keith,  Kennedy,  King,  JiCa,  Lamar,  Li'wers,  Marsliall,  Mc- 
Gehce  of  Bolivar,  McGehee  of  Panola,  Myers,  Orr,  Powell 
of  Jones,  Roberts,  Reynolds,  Sanders.  Smart,  .Sumner,  Ste- 
vens, Tei'ral,  Tison,  Taylor,  Thompson,  AValter,  Wilkinson, 
Wright,  Yergor  and  Youna- — 07. 

Mr.  EUetl  offered  a  a  amendmeut  by  way  of  additional 
section. 

Whioli  was  adopted. 

Mr.  Barksdalc  offered  the  following  amendment : 

.\jncud  iifth  line  of  5th  section  of  tlie  ordinance  on  South- 
ern Confederacy  by  striking  out  the  word  "when''  and  insert 
"if." 

Wliich  was  adojtted. 

Mr.  Barksdale  moved  to  further  amend  the  5th  resolution 
by  inserting  after  the  word  "back''  in  the  5tli  line  the  fol- 
lowing words  :  ''to  the  people  of  this  State  or  to  a  conven- 
tion chosen  under  the  recommendation  of  the  Legislature." 

Pending  which, 

The  Convention  adjourned  until  7  o'clock  this  evening. 

SEVEN   o'clock,    V.   M. 

The  Convention  met  pursuant  to  adjournment, 

And  resumed  the  consideration  of  the  ordinance  on  a 
Southern  Confederacy. 

Mr.  Gholson  offered  the  following  amendment  as  a  sub- 
stitute for  tliat  of  ^[r.  Barksdale  : 

Amend  5th  resolution  in  the  5th  line  by  striking  out  all 
after  tlie  word  "back"  and  inserting  the  words,  'to  a  Con- 
\ention  of  the  people  of  the  State  of  Mi^i^^issippi  lor  ratifica- 
tion or  rejection,  to  be  called  by  proclamation  of  the  Gov- 
ernor bo  soon  as  he  may  be  officially  advised  of  the  action 
of  thesai<l  Couvcntiou  of  seceding  StatvB  in  relation  thereto, 
which  CoDveiition  of  the  people  of  Mississippi  shall  be  com- 
posed of  the  same  number  now  composing!:  this  body,  and 
elected  and  returned  as  members  of  the  House  of  Represen- 


85 

tatives  of  the  State  of  Mississippi,  and  as  now  elected  and  re- 
turned b}^  law,"  ♦ 

Pending  the  amendment, 

(^n  motion  of  Mr.  Lamar,  the  ordinance  and  amendments 
were  recommitted  to  the  committee,  witli  instructions  to 
draft  a  ncAv  ordinance  and  report  the  same  to  this  Conven- 
tion. 

Leave  of  aliscnce  was  granted  Messrs.  Johnston  and  Par- 
ker. 

Mr.  Miller,  from  the  Committee  on  .State  Constitution, 
made  a  rcjwrt,  which. 

On  his  motion,  waa  laid  on  tlic  table,  and  200  copies  or- 
dered to  be  printed. 

On  motion  of  Mr.  Chalmers,  the  Convention  adjourned 
until  to-morrow  2  o'clock,  P.  jr. 


FRIDAY,  January  18th,  1861. 

The  Convention  met  pursuant  to  adjournment. 

Proceedings  of  yesterday  read  and  approved. 

On  motion  of  Mr.  Chalmers,  the  ordinance  to  regulate 
the  iSIilitary  system  of  the  State  was  recommitted  to  the 
Couunittee  on  ]\Iilitary  and  Naval  Affairs,  with  leave  to  re- 
port again. 

On  motion  of  Mr.  Orr,  the  Convention  went  into  secret 
session. 

After  some  time  spent  therein  the  doors  of  the  Conven- 
tion were  opened. 

On  motion  of  Mr.  Chalmers,  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  to  consider  the  ordi- 
nance to  raise  means  for  the  defence  of  the  State. 

After  some  time  spent  therein  the  committee  rose,  reported 
progress,  and  asked  leave  to  sit  again  at  7  o'clock  this 
evening. 

Which  was  received  and  agreed  to. 

On  motion  of  Mr.  Welsh,  the  Convention  adjourned  until 
7  o'clock,  p.  M. 
C-8 


36 

SEVEN   o'clock,    P.   M. 

The  Convcution  met  ]mrsuaut  to  adjournment. 

On  motion  of  Mr.  Wrijrht,  the  Convention  went  into 
Committee  of  tlie  "Wliolc,  to  consider  the  ordinance  entitled 
'"an  ordinance  to  raif^e  means  for  tlie  defence  of  the  State." 

After  some  time  .s]jcnt  therein  the  committee  rose,  reported 
back  the  ordinance  without  any  recommendation. 

Mr.  Marsliall  olVered  the  following  resolutions, 

Wliich  were  adopted,  to-wit : 

Resolved  That  the  Auditor  of  Public  Accounts  be  re- 
quired to  furnisli  the  Convention  a  statement  of  the  aggro- 
gate  amount  of  tlie  tax  assessed  on  real  and  personal  prop- 
erty in  tliis  State  for  the  current  liscal  year  ;  tlie  amount  of 
Auditor's  warrants  now  remaining  unpaid  ;  and  an  cstunatc 
of  the  ordinary  expenditures  of  the  State  during  the  present 
year. 

Resolved,  That  tlie  Committee  on  Military  and  Naval 
Affairs,  be  instructed  to  ascertain  and  report  to  the  Conven- 
tion tlie  number  and  cliaractcr  of  arms  now  owned  by  the 
State,  and  tlic  additional  arms  necessary  to  equip  and  pro- 
pare  for  the  lield  all  the  troops  proposed  to  be  raised  for  its 
efficient  defense,  and  the  probable  cost  thereof. 

On  motion  of  Mr.  Gholson,  the  Convention  adjourned 
until  to-morrow  2  o'clock,  p.  m. 


SATURDAY,  January,  19th,  1861. 

The  Convention  met  ])ursuant  to  adjournment. 

Tlic  Journal  of  preceding  day  read  and  approved. 

On  motion  of  Mr.  Clayton  of  Lowndes, 

licsnlvt'd.  That  a  committee  consisting  of  iive  be  appointed 
to  call  attention  of  the  planting  interest  of  the  State  by  a 
short  address  to  the  people  to  the  vast  importance,  under 
existing  circumstances,  of  home  production  in  the  State  of 
Mississippi,  of  a  sup})ly  of  provisions  for  all  its  wants,  and 
to  urge  upon  them  especial  reference  to  this  subject  in  plant- 
ing the  crop  ol'  the  present  year. 

Messrs.  Edwards  of  Choctaw,  and  Pattison  of  Tallahatchie, 
came  forward  and  signed  tlic  Ordinance  of  Secession. 


37 

On  motion  of  Mr.  Gholson, 

Besolvcd,  That  the  Conventiou  coniii'ui  the  appointment 
of  Commissioners  heretofore  made  by  tlie  Governor  of  this 
State  under  a  resohition  of  the  Legislature  of  ^lississippi, 
approved  the  8(lth  day  November,  1860. 

On  motion  of  ^Ir.  Brooke,  the  Convention  took  up  the 
Ordinance  on  Citizensliip. 

On  motion  of  Mr.  Orr,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the 
Ordinance. 

Mr.  Orr  in  the  Chair. 

After  some  time  spent  therein  the  committee  rose,  reported 
back  the  Ordinance  with  an  amendment  by  way  of  substitute?, 
with  the  reconnnendatipn  that  tlie  substitute  be  adopted. 

The  re]iort  was  received  and  agreed  to. 

The  substitute  Avas  ordered  to  be  engrossed  and  made  the 
special  order  for  Tuesday  at  2  o'clock. 

Ordered.  That  the  title  stand  as  follows  : 

An  Ordinance  to  regulate  the  right  of  citizenship  in  the 
vState  of  Mississippi. 

The  following  comnmnication  was  received  from  the  Hon. 
A.  Burt,  Commissioner  from  the  State  of  South  Carolina, 
which  was  ordered  to  be  placed  on  the  Journal  of  the  Con- 
vention : 

Jackson,  Mississippi,  January  I'ith,  1861. 

Hon.  W.  S.  Barry, 

President  of  the  CoJivention  : 

Sii-: — The  objects  of  my  mission  to  the  Convention  of  the 
people  of  Mississippi  having  been  accomplished,  my  official 
relation  to  that  body  is  at  an  end.  I  camiot  take  leave  of 
that  Convention  without  expressing  my  sense  of  the  alacrity 
and  heroism  with  which  it  has  met  and  discharged  its  high 
duties.  Its  generous  appj-eciation  of  the  action  of  South 
Carolina,  nnd  its  noble  sentiments  of  fraternal  consideration 
and  regard  for  that  State  excites  my  sincere  and  profound 
gi-atitude.  The  counsels  of  Mississippi  and  South  Carolina 
are  now  united,  and  their  hands  clasped  in  a  common  and 
glorious  cause.  I  will  not  repress  my  own  feelings  by 
omittijig  to  say  how  deeply  sensible  I  am  of  unmerited  kind- 
ness and  hospitality  from  the  whole  State  of  Mississippi — 
her  Executive  Department — her  Convention — her  Legisla- 
ture and  her  people — to  myself  officially  and  individually.  I 
have  the  honor  to  assure  the  Convention,  and  you,  sir,  of 
the  high  consideration  with  which  I  am  their  and  your 
obedient  servant,  ARMISTEAD  BURT. 

C-9 


88 

Mr.  Anderson  offered  the  following  resolution,  wliich  was 
lost: 

Resolved,  That  a  .special  committee  of  three  be  appointed 
by  the  President  to  consult  with  the  Governor  in  regard  to 
the  expediency  of  procuring  a  tire  vuoof  Iniilding  for  the 
purpose  of  a  powder  uiagaziiic  inid  other  munitions  of  war. 

On  motion  of  Mr.  Elletl, 

Mesolved,  Tliat  when  this  Convention  adjourns  to-day,  it 
adjourn  to  meet  at  Concert  Hall  on  Monday  next,  at  10 
o'clock  A.  M. 

The  President  announced  the  following  as  the  committee 
of  consultation  with  the  Legislature  : 

Messrs.  "Welsh,  Reynolds,  Harris,, Booth  and  Backstrom. 

Mr.  Miller  of  Pontotoc,    Chairman  of  tlio  Committee  on 
►State  Constitution,  submitted  tjie  following  report : 
Mr.  Presid]:\t  : 

Th(3  Conunittee  on  the  State  Constitution  to  which  -was 
referred  a  resolution  instructing  it  to  inquire  into  the  pro- 
priety of  preparing  an  appropriate  Hag  and  coat  of  arms 
emblematic  of  the  sovereignty  and  independence  of  the 
State,  have  had  the  same  under  consideration,  aud  have  in- 
structed me  to  report  the  same  back  to  the  Convention,  and 
to  ask  that  the  committee  may  be  discharged  from  the 
further  consideration  thereof. 

All  of  wliich  is  respectfully  submitted. 

On  liis  motion  the  report  was  received  and  agreed  to. 

On  his  fiu'ther  motion,  the  original  resolution  was  referred 
to  a  Special  Comuuttec  of  five. 

j\Ir.  Miller  of  Pontotoc,  from  the   Committee  on  State 
Constitution,  made  the  following  report : 
Mr.  President  : 

The  Committee  on  the  State  Constitution  to, which  was 
referred  an  Ordinance  providing  for  the  appointment  of 
Ambassadors,  ilinisters,  Consuls,  &c.,  to  foreign  govern- 
ments, and  for  the  appointment  of  an  Executive  Council, 
have- had  the  same  under  consideration,  and  has  instructed 
m<^  to  I'cport  tliat,  in  the  opinion  of  tjie  conunittee  it  is 
neither  expedient  nor  necessary  to  take  any  action  thereon 
at  tlie  present  time,  and  to  ask  that  the  committee  be  dis- 
charged from  the  further  consideration  thereof. 

All  of  which  is  respectfully  submitted. 

On  his  motion,  the  report  was  received  and  agreed  to. 

Mr.  Anderson,  from  the  Coimnittee  of  Ways  aud  Means 
submitted  a  minority  report,  which  on  liis  motion  was  laid 
on  the  table  and  two  hundred  copies  ordered  to  be  printed. 

Ml".  Aldi'idgo  offered  a  substitute  for  the  report  of  the 


39 

Comraitice  of  Way=^  and  Mca)!?,  -wiiicli  on  his  motion  was 
laid  on  the  table  and  two  hundred  copies  ordered  to  l>e 
printed. 

On  motion  of  Mr.  Wrigiit,  tlie  Convention  rosolved  itself 
into  Committee  of  the  VVlioIe  for  the  purpose  of  considering- 
the  Ordinance  to  raise  mean^'  for  the  defence  of  the  State, 

Mr. in  Ihe  Chair. 

After  some  time  spent  therein  the  Committee  rose,  re- 
ported back  the  Ordinance  tos'ether  with  a  resolution 
offered  by  Mr.  Berry,  and  asked  h^avc  t-j  sit  aa'ain  on 
Monday  at  1(1  ocloek. 

Which  was  received  and  a.ureed  tv». 

On  motion  of  ^fr.  Harris, 

livfio/cvfL  That  tiie  late  Clerks  of  tiie  District  and  Circuit 
Courts  of  the  United  States  be  and  they  arc  iiereby  author- 
ized to  make  ami  certify  transcripts  of  the  records  of  said 
Courts  as  heretofore  provided  by  law,  and  be  authorized  to 
allow  insjjcction  of  the  records  and  files  of  said  Courts, 
under  the  regulations  heretofore  customary. 

Mr.  Orr  informed  the  Convention  that  Hon.  W.  S.  Barry 
would  necessarily  be  absent  from  the  city  on  ]\Ionday  morn- 
ing, and  on  his  motion  the  Hon.  H.  T.  Ellett  was  elected 
President  pro  A'»?.  of  the  Convention. 

Tlie  following  gentlemen  obtained  leave  of  alisence  : 

Messrs.  Witty,  Gwin,  Myers,  Catching  and  Nelson, 

On  motion  of  Mr.  Alcorn,  the  Convention  adjourned  to 
meet  again  at  7  o'clock  in  secret  session. 

SEVEN   o'clock   T.    JI. 

The  injunction  of  secrecy  was  removed  from  the  following 
proceedings  had  in  secret  session. 

Mr.  Harris  introduced, 

An  Ordinance  entitled  ''  An  Ordinance  to  authorize  the 
Governor  to  borrow  a  sufficient  amount  of  money  to  sustain 
the  troops  of  this  State  now  in  tlie  field." 

On  motion  of  Islr.  Harris,  the  rule  was  suspended  the 
Ordinance  read  a  second  time  and  passed. 

Mr.  Lamar  introduced  the  following  resolutions,  which 
were  adopted  unanimously  : 

Resolved,  That  this  Convention,  sympathizing  \nth  South 
Carolina  in  her  present  condition,  accept  her  invitation  to 
meet  with  the  seceding  State-e  for  the  purpose  of  forming  a 
Southern  Confederacy. 

Iksolval,  Tiiat  the  Proaident  be  requo>:ted  to  furnish  the 
C~10 


40 

Hou.  Annistcad  Burl,  Commissioner  from  the  State  of 
South  Carolina,  to  the  State  of  Mississippi,  -vrith  an  authen- 
tic copy  of  tlio  Ordinance  of  secession  ;  and  an  authentic 
copy  of  tlie  resohition  recoi^nizing  the  State  Soutli  Carolina  as 
Q  sovereign  and  inde])endent  nation  and  an  authentic  copy  of 
the  resolutions  to  provide  for  the  formation  of  a  Southern 
Confederacy  adopted  l)y  this  Convention,  and  that  he  be 
requested  to  submi'to  tlie  same  ttthe  Executive  authority  of  the 
State  of  South  Carolina. 

lirsolvrd,  That  we  perform  a  jileasing  duty  in  testifying 
to  the  authorities  of  South  Carolina  our  a]:»preciation  of  the 
very  able  and  accejjtabie  manner  in  which  their  Commis- 
sioner, Hon.  Armistead  Burt  has  fuHilled  the  important 
duties  of  liis  delicate  mission. 

On  motion,  the  Convention  adjourned  until  10  o'clock 
Monday  morning. 


MONDAY,  January  21th.  l^()[. 

The  Convention  met  ])ursuaut  to  adjournment. 

Journal  of  Saturday  read  and  approved. 

Mr.  Clayton  of  Lowndes,  offered  the  following  resolution: 

Resolved,  That  tlie  Secretary  be  required  to  furnish  the 
Senate  and  House  of  Representatives,  now  in  session,  copies 
of  all  Ordinances  passed  by  the  Convention,  requiring  any 
action  on  the  part  of  the  State  Legislature. 

On  motion  of  Mr.  Anderson,  the  resohition  was  laid  on 
the  table. 

On  motion  of  Mr.  Fontaine,  the  Convention  went  into 
Fccret  session. 

After  some  time  spent  therein  the  doors  of  tlie  Conven  ion 
were  opened. 

Mr.  Glenn,  from  the  Committee  on  Southern  Confederacy, 
made  a  report,  which  on  his  motion,  was  laid  on  the  table 
and  200  copies  ordered  to  ho  printed. 

On  motion  of  Mr.  Wright,  the  Convention  resolved  itself 
into  Committee  of  the  Whole  to  consider  the  report  of  the 
Committee  of  Ways  and  Means. 

After  some  time  spent  therein  the  Committee  rose,  reported 
progress  and  asked  leave  to  sit  again  at  3  o'clock  P.  M., 
which  was  received  and  agreed  to. 


^  n 

On  motion  of  Mr.  Alcorn,  Mr.  Power,  Reporter  for  the 
Mimssippian,  was  allowed  a-  scat  in  the  Convention  during 
secret  session. 

On  motion  of  Mr.  Miller  of  Pontotoc,  the  Convention 
adjourned  until  3  .o'clock  P.  M. 

THRKE    o'clock    P.    M. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  ^fr.  Miller  of  Pontotoc,  the  Convention 
resolved  itself  into  Conmiittee  of  the  Whole  to  consider  the 
re])ort  of  the  Connnittee  of  Ways  and  Means. 

After  some  time  si)ent  therein  the  Committee  rose,  and 
reported  the  Ordinance  back  to  the  Convention  without 
recommendation. 

Mr.  Ellott  offered  Iho  following  resolution  : 

EesohoiJ,  That  the  Committee  of  Ways  and  Means  be 
instrncted  to  prepare  and  report  au  ordinance  providing  for 
the  collection  of  a  special  State  tax  of  50  per  centum  on  the 
present  State  tax,  to  be  collected  as  speedily  as  possible  ; 
and  further  providing  for  the  issuance  of  treasury  notes  or 
certificates  of  loan,  in  such  sums  as  may  be  applied  for  by 
any  person  desiring  to  loan  money  to  the  State.  To  an 
amount  not  exceeding  one  million  dollars;  one-third  redema- 
bLc  in  one  year,  one-third  in  two  years,  and  the  other  third 
in  three  years.  Bearing  interest  at  10  per  cent,  from  date, 
and  further  providing  for  the  collection  of  a  special  State 
tax  for  the  redemption  thereof  as  the  same  may  fall  due. 

Mr.  Clayton  of  Marshall,  offered  the  following  amendment 
as  a  substitute : 

Besolved,  That  the  ordinance  be  recommitted  to  the  Com- 
mittee of  Ways  and  Means,  with  instructions  tx5  report  an 
ordinance  providing  for  tJio  issuance  of  bonds  and  treasury 

notes  to  the  amount  $ ,  and  further  to  report  in  favor 

of  a  direct  tax  to  be  laid  on  all  tlie  taxable  property  in  the 

State,  and  to  be  collected  in  the  • fiscal  year,  sufficient 

to  raise  the  sum  of  $ . 

Mr.  Berry  offered  the  following  amendment  to  the  amend- 
ment : 

JRcsolvcd,  That  the  Conmiittee  of  Ways  and  Means  be 
instructed  to  adhere  to  the  subjects  of  taxation,  and  the  rates 
of  taxation  fixed  by  the  present  revenue  system  of  this 
State,  and  to  prepare  an  ordinance  for  immediate  taxation 
for  a  sum  sufficient  to  meet  the  present  exigeuciee  of  the 
State. 

C— 11 


42 

A  call  for  the  previous  question  being  sustained,  the 
(luestion  was  taken  on  tlio  adoption  of  the  -anicudment  to 
the  amendment,  and  decided  in  tlie  negative.       ^ 

The  (jncstion  was  then  taken  on  the  adoption  oi  Mr. 
Clavtons  amendment,  and  decided  in  the  neu-atisc. 

The  question  was  then  taken  on  the  adoption  of  ihc 
original  resolution,  and  decided  in  tlic  ailirniativc. 

Mr.  George  oil'ered  the  following  resolution  : 

Resdved,  That  the  Committee  on  Ways  and  .Means  lie 
instructed  in  the  ordinance  they  have  been  directed  to  report, 
to  provide  tisat  .slaves  .shall  bo  taxed  one  dollar  per  head  in- 
stead of  lil'ty  ])er  centum  on  tlie  present  State  lax. 

On  motion,  the  re.-olution  was  laid  on  the  table. 

Mr.  Baldwin  olVered  the  following  resolution  : 

liciolvaL  That  the  Committee  of  Ways  and  Means  be 
instructed  to  exempt  all  }>olls  from  taxation. 

Which  was  lost. 

On  motion  of  Mr.  Glenn,  the  report  of  the  CouuniLteeoii 
Southern  Confederacy  was  made  the  special  oi'der  for  12 
o'clock  to-mori\;)Av, 

Mr.  Chalmers,  from  tli(^  Committee  on  Military  and  Naval 
Affairs,  offered  a  report,  which  on  his  motion,  was  laid  on 
the  table  and  two  hundred  copies  ordered  to  be  printed. 

On  motion,  the  Convention  adjourned  to  10  o'clock  to- 
morrow. 


TUESDAY,  January  22(1,  ISGl. 

The  Convcndon  met  pursuant  to  adjonnimen!. 

The  Journal  of  yesterday  was  j-ead  and  apjiroved. 

Mr.  (Jholson  moved  that  the  following  instruction  be 
given  to  the  Committee  of  Ways  and  Means  : 

" Instruct  the  committee  to  report  so  as  to  increase  the 
tax  on  negroes  to  two  dollars — or  one  dollar  iuul  twent}'- 
five  cents  additional  .tax. 

Also  taxbig  allmoney  now  vested  or  that  may  be  employed 
or  deposited  out  of  this  State  belonging  to  citizens  of  this 
State — ahso  all  mone}-  in  this  State — also  all  bonds,  bills  of 
exchange,  or  securities  for  the  payment  of  money  due  or  to 
become  due,  in  this  State,  and  discriminating  against  all 
property  of  non-residents." 


43 

Mr.  Orr  moved,  tliat  the  rosolutiou  of  instruction  be  laid 
upon  tlio  table. 

The  yeas  and  nays  beintr  called  thereon,  the  motion  was 
sustained  by  the  following  vote  : 

Ayes — Mr,  President.  Messrs.  Alcorn,  ISaekslrom,  Booth.' 
Brooke,  Blair.  Bonds,  Bookter,  Clayton  of  Lowndes,  Catch- 
inp-,  Chalmers.  C-ummines.  Colljcrt,  CUapp,  Dease,  Douglas. 
Dyer.  Eekford.  Elloll,  Fizer.  Fh-iuriioy,  Gibson.  Harris,  Holt. 
Hurst.  Keirii.  Keith.  Kennedy.  Marshall.  Mayson,  McGhee 
of  Bolivar.  McGhee  of  Panola.  Xeely.  Orr,  Pattison,  Powell 
of  Covington.  Roberts.  Sanders,  Serames,  Smart,  Torral, 
Taylor,  Thompson,  Vaughan,  Walter,  Welsh.  Wilkinson, 
Yerger  and  Young. — 45.  _  .  -,,/. 

Nays. — Messrs.  Anderson,  .-tldridge.  Baldwin,  Brantley, 
Beene.  Berry.  Boiling,  Clayton  of  Marshall,  0.  Davis,  J.  S. 
Davis,  Denson,  Edwards.  Fontaine,  George,  Glenn,  Gholson, 
Gwin,  Isom.  Johnston  of  Panola,  King,  Lea,  Lamar.  Lewcrs, 
Miller  of  Pontotoc.  Miller  of  Tunica,  Nelson,  Powell  of 
Jones.  Ramscv,  Rogers.  Sumner,  Stevens,  Tison  and  Woods. 
33.     '  ■         "^  ■.  .,  .    .,i    ••■ 

Mr.  Mayson  submitted  the  following  report : 

Mr.  President  : 

The  Committee  on  Engi'ossed  Ordinances  beg  leave  to 
report  that  they  have  had  under  examination  an  ordinance 
entitled  "  An  Ordinance  to  regulate  the  rights  of  citizen- 
ship in  Mississippi,"'  and  find  the  same  correctly  engrossed. 

On  motion  of  Mr.  Brooke,  the  Ordinance  of  Citizenship 
was  recommitted  to  the  connnittec. 

On  motion  of  Mr.  Chalmers,  the  Convention  took'^ip  the 
Ordinance  on  Military  Affairs,  and  that  tlie  Ordinance  be 
acted  upon  liy  sections. 

Mr.  Woods  offered  the  following  amendment : 

Amend  bv  changing  the  county  of  Kemper  from  the 
Eight  Regiment  to  the' Fifth. 

Which  was  adopted. 

Mr.  Brooke  ofl'ered  the  following  amendment : 

Amend  by  changing  the  county  of  Jefferson  from  the 
Seventh  Regiment  to  the  Third. 

Which  was  adopted. 

Mr.  Aldridge  offered  the  following  amendment : 

Amend  by  changing  Tallahatchie  front  the  First  to  the 
Fourth  Regiment. 

Which  was  adopted. 
C— 12 


44 

Mr.  Glenn  oflered  the  following  amendment : 

Amend  by  changing  Ilancok  from  the  Seventh  to  the 
Eighth  Regiment. 

Which  was  adopted. 

Mr.  Miller  offered  the  following  amendment : 

Amend  bv  striking  out  the  word  "  divide,"  in  the  thir- 
teenth line  of  section  six  and  insert  the  word  "  organize.'' 

Which  was  adopted. 

Mr.  George  offered  the  following  amendment : 

And  provided,  further,  That  the  whole  amount  of  the 
compensation  of  the  commissioned  officers  per  annum  shall 
not  exceed  the  following  rates  : 

Major-General,  $2,500  ;  Brigadier-General,  $2,000;  Col- 
onel, $1,200  ;  Lieutenant-Colonel,  $1,000  ;  Major,  $800  ; 
Captain,  $000  ;  1st  Lieutenant,  $400  ;  2d  and  3d  Lieuten- 
ants, 300  each;  Adjutant,  $400. 

Which  on  motion  of  Mr.  Boling.  was  laid  on  the  table. 

Mr.  Rogers  offered  the  following  amendment : 

Amend  section  jseventh  by  inserting  after  the  word 
''  board,"  in  fifth  line,  the  words  "  except  the  Governor.''" 

Which  was  adopted. 

Mr.  King  offered  to  amend  by  striking  out  the  word  '"five," 
and  insert  the  word  four. 

Which  was  adopted. 

Afr.  Gholson  offered  to  amend  as  follows  : 

Amend  seventh  section  by  inserting  in  the  third  line  after 
the  word  "  officers,"  the  words  "  the  pay  of  privates  shall  be 
twenty  dollars  per  month." 

Which  was  lost. 

Mr.  Baldwin  offered  the  following  amendment : 

Amend  third  line  of  section  seven  by  striking  out  tlic 
words  "  and  privates,"  and  inserting  the  words  ''  llie  privates 
shall  receive  fifteen  dollars  per  month,"  after  tlie  word  army. 

Which  was  lost. 

Mr.  Gholson  moved,  to  amend  section  seven  by  inserting 
in  the  third  line,  after  the  words  "  officers,"  the  words  "  pay 
of  privates  shall  be  twenty  dollars  per  month." 

Which  was  lost. 

Mr.  Chalmers  offered  the  following  amendment  to  section 
seventh  : 

Strike  out  volunteers  and  insert  officers' in  1st  line. 

.Strike  out  "and  privates,"  and  insert  after  the  word 
army,  in  5tli  line,  "  that  the  pay  of  the  privates  and  non- 
commissioned officers  shall  be  $16  per  mouth,  together  with 
the  rations  and  clothing  allowed  in  said  army. 

Which  was  adopted. 


45  ^ 

Mr.  King  offered  the  following  amendment : 

Amend  section  eight  by  striking  out  all  after  the  word 
"  fill/'  in  the  second  line,  and  insert  "  vacancies  in  the  offices 
of  Major  and  Brigadier  Generals  shall  be  filled  by  the 
appointment  of  the  Governor  subject  to  the  approval  of  the 
Senate  of  this  State." 

Which  was  lost. 

Mr.  Barksdale  offered  the  following  amendment,  which 
was  lost : 

Amend  8tli  section  by  striking  out  the  words  "and  Gover- 
nor." in  4tli  line  and  inserting  instead  thereof,  a  majority  of 
the  Military  Board. 

Mr.  Nelson  ofi'ered  to  amend  section  eight  by  striking  out 
"  Major  General"  and  substitute  "  General." 

Which  was  lost. 

Mr.  Holt  offered  tlie  following  amendment  to  section 
nintli : 

Amend  in  tlie  sixth  line  by  striking  out  the  words  "  two 
years"  and  insert '"  one  year." 

Which  was  adopted. 

Mr.  Dyer  offered  the  following  amendment  by  way  of 
additional  section  : 

Amend  liy  adding  the  following  after  tlie  9th  section  : 

Sec.  10.  That  all  such  officers  and  privates  as  may  be 
disabled  while  in  actual  service,  before  tlie  formation  of  a 
Southern  Confederacy,  sliall  lie  entitled  to  one  years  pay 
after  their  discliarge  from  the  service,  and  the  widows  of 
those  who  shall  be  killed  in  the  service  shall  also  receive  the 
for  one  year,  the  compensation  that  their  husbands -Avould  be 
entitled  to  if  living. 

Which  was  adopted. 

Mr.  Brantley  offered  the  following  amendment : 

Amend  by  inserting  in  the  third  line  of  the  seventh  sec- 
tion after  the  word  "  army."  the  words  "  until  the  Southern 
Confederacy  is  formed,  after  whicli  time  both  officers  and 
men  shall  receive  sucli  pay  as  may  be  allowed  to  the  officers 
and  men  of  the  army  of  said  Southern  Confederacy. 

Which  was  ado])ted. 

Mr.  Fontaine  offered  to  insert  the  following  amendment 
to  the  nith  section  : 

And  provided  further,  That  the  term  of  office  of  all  com- 
missioned afficers  ])rovidcd  for  in  tliis  ordinance  shall  con- 
tinue for  one  year  after  lieing  enrolled  into  actual  service 
in  their  respective  appointments  and  no  longer. 

Which  was  lost. 


46 

Mr.  George  oftcfcd  to  amend  the  eleventh  section  l»y 
strikinir  out  all  after  the  words  "  State  Legislature." 

Wiiich  was  lost. 

No  further  anieiulmeiils  being  oflered.  the  ordinauoe  as 
amended  Avas  ordered  to  be  engrossed  and  made  tlie  special 
order  for  to-morrow  at  10  o'clock. 

Mr.  Wright,  from  the  Conunittee  of  Ways  and  Means, 
made  a  report,  which  on  liis  motion,  was  laid  on  the  table 
and  two  hundred  copies  ordered  to  be  printed. 

On  motion  of  Mr.  Welsh, 

The  Convention  adjourned  until  3^  o'clock  p.  m. 

HALF-PAST  THREE  o'CLOCK   P.   M. 

The  Convention  met  pm-suant  to  adjournment. 

On  motion  of  Mr.  Orr, 

liesolved,  That  Capt.  Lipscomb,  t!io  Reporter  of  the 
Vicksliurg  pa])ers  and  the  New  Orleans  Crescent,  be  allowed 
a  .seat  on  the  lloor  of  the  Convention.        .     ' 

Mr.  Barlcsdale.  Chairman  of  the  Connnittee  on  EjjroUed 
Ordinaces,  made  the  following  report : 

The  Committee  on  Enrolled  Ordinances  have  had  under 
examination  an  ordinance  entitled  •' An  ordinance  concern- 
ing Federal  property  and  jurisdiction  i)i  Mississippi,"  and 
hnd  the  same  correctly  enrolled. 

On  motion  of  Mr.  Glenn,  the  Convention  proceeded  to 
coiLsidcr  tlie  repoi't  of  tlio  Committee  on  a  Southern  Con- 
federacy. 

Mr.  Clayton  of  Lowndes,  offered  the  following  amend- 
ineiit :  . 

Strike  out  all  after  tlie  word  "Delegates,"  in  2d  line  of 
first  resolution  to  the  words  "whose  duty,"'  in  3d  line. 

Whicli  was  adopted  upon  a  call  of  the  yeas  and  nays  : 

Yeas. — Mr.  President,  Messrs.  Anderson,  Backstrom. 
Bootli,  Brooke,  Benton,  Berry,  Bookter,  A.  M.  Clayton, 
G.  11.  Clayton,  Catchings,  Chalmers,  Clapp,  Dease,  Deason, 
l^ckford,  Ellett,  George,  Glenn,  Gholson,  Gwin,  Harris. 
Holt,  Ilurst.  Lsoni,  Jones,  Keith,  King,  Lea,  Lamai-,  Mar- 
shall, McGeliee  of  Panola,  ]\Iiller  of  Tunii-a.  Neelv,  Nelson. 
Or.-.  Patlison,  Kogcj-s,  Tliompson,  Tei-ral,  Taylor.  AVoods. 
Vauglian.  AVilkinson,  and  Yerger — 46. 

Nays— Messrs.  Aldridgc,  Barksdale,  Brantley,  Beene, 
Blair,  Bonds,  Boiling,  Bullard,  Cummings,  Colbert,  J.  L. 
Davis,  Denson,  Douglas,  Dyer,  Flournoy,  Fontaine,  Hill. 


47 

Johnston  of  DeSoto  Keirn,  Kennedy,  Lower?,  Mayson, 
i*owell  of  Covington,  Powell  of  Jones,  Ramsey,  Roberts, 
Reynold^!,  Sanders,  Semmes,  Smart.  Snmner,  Stevens,  Ti.son, 
AValter.  Welsli,  and  Young-— 86. 

Mr.  Ellelt  otTered  the  foUowinu"  amendment. 

Which  was  adopted: 

Strike  ont  the  words,  "^n  the day  of ,  at 

{\\Q  hour  of ,"  and  insert  "immediately  after  tlic  pas- 

saue  of  these  resolutions."' 

Mr.  Claytou;  of  Marshall,  oflered  the  following:  amend- 
ment, wjiieh  was  adopted : 

Fourth  sei-tjon — After  tlie  Avord  '"  therein,'"'  in  the  ninth 
line,  insert  the  words  to  be  composed  of  delegates,  elected 
hv  the  people  of  said  States,  in  such  manner  as  the  said 
Convention,  or  the  Legislatures  of  tlic  several  States  may 
prescribe. 

Mr.  King  offered  the  following  amendment  to  the  fourth 
section,  which  was  lost :  « 

Amend  bv  striking  out  the  word  '.'  Southern,"'"  between 
the  words  ""other"'  and  "  States,"  in  the  (ith  line  of  the  4th 
resolution. 

^[r.  Rogers  offered  the  following  amendment : 

Strike  out  all  after  the  word  "  therein,"  in  the  3rd  line 
of  the  5th  section,  and  insert  the  following : 

Then  such  Constitution,  or  Plan,  shall  be  referred  to  the 
people  of  this  State  for  ratification  or  rejection,  to  be  assem- 
]>led  in  Convention,  by  a  call  made  either  by  the  convention 
assembled  at  Montgomery,  or  by  the  Legislature  of  this 
State.  ..'  ' 

Mr.  Clayton,  of  Marshall,  offered  the  following  amend- 
ment as  a  substitute  for  Mr.  Rodgers/  which  was  lost. 

Fiftli  section— In  4th  line,  strike  out  all  after  the  words, 
"  referred  to,"  and  in  lieu  thereof,  insert,  '•  to  a  Convention 
for  ratification  or  rejection,  which  convention  shall  be  com- 
posed of  delegates,  elected  by  the  people  of  said  States,  in 
such  manner  as  the  said  convention  at  Montgomery,  or  the 
Legislatures  of  the  several  States  may  prescribe. 

Mr.  Glenn  moved  to  lay  Mr.  Rodgers'  amendment  on  the 
table,  which  was  decided  in  the  negative,  by  yeas  and  nays, 
as  follows: 

Yeas — Mr.  President.  Messrs.  Alcorn,  Anderson,  AI- 
dridge,  Barksdale,  Booth,  Brantley,  Brooke,  Beene,  Blair, 
Chalmers,  Dease,  Dyer,  Dcason,  Edwards,  Ellctt,  George, 


•48 

Glemi,  Gwinn,  ilarris.  lluivt.  Keiiii,  Kcitli,  Jjoa.  Lamar, 
Lewers,  Miller  of  Tunica,  Neely,  Nelson,  Orr.  Powell  of 
Covington.  Ranisav.  Robert?.  Semmcs!,  Thompson.  Vaughan. 
Walter.  Welsh.  Wilkinson,  and  Woods— 41. 

Nays — Me.>sr.-.  Baldwin,  Rackstrom,  Benton,  Berry. 
Bonds.  Bollinjir,  Bullard.  Bookter,  Clayton  of  Marshall, 
Clayton  of  Lowndes,  Catchings.  Cnmmin.u-s,  Colbert.  Clapp, 
O.  Davis,  J.  S.  Davis,  Denson,  Douglas,  Eckford,  Flournoy, 
Fontaine,  Gholson,  Hill,  Holt,  feom,  Johnston  of  DeSoto, 
Kennedy,  King,  Marshall,  Mayson,  McGehee  of  Panola, 
Pattison.  Powell  of  Jones,  Rodgers,  Reynolds,  Sanders, 
Smart,  Sumner,  Stevens,  Terral,  Tison,  Taylor,  Wright. 
Yergcr  and  Young — 44. 

On  motion,  the  Convention  adjourned  until  7  o'clock  this 
evening. 

SEVEN  o'clock  r.  M. 

The  Convention  met  pursiiant  to  adjom'nment. 

And  resumed  tlie  consideration  of  the  re])ort  of  the  Com 
mittee  on  Southern  Confederacy, 

The  question  being  on  the  adoption  of  tlie  amendment 
oflfered  by  Mr.  Rogers, 

Mr.  Fontaine  offered  the  following  as  a  substitute  for  the 
amendment  of  Mr.  Rogers,  which  was  accepted  and  the 
resolution  of  Mr.  Rogers  withdrawn,  to-wit : 

Strike  out  all  after  the  word  '■  thereon,"  in  the  third  line 
and  insert : 

Then  such  constitution  or  plan  shall  be  referred  to  the 
people  of  this  State  for  ra<tification  or  rejection,  to  be  as- 
gembled  in  Convention,  by  a  call  made  by  the  Convention  at 
Montgomery,  or  by  the  proclamation  of  the  Governor,  and 
in  either  case  the  delegates  to  be  elected  according  to  the 
pro^^sions  of  tlic  act  of  the  Legislature  under  which  this 
Convention  has  been  assembled. 

Mr.  Tison  moved  the  ])revious  question, 

Which  being  sustained, 

The  (juestion  was  t^iken  on  thcado])tion  of  Mr.  Fontaine's 
amendment,  and  decided  in  the  negative  by  yeas  and  nays 
as  follows  : 

Ayes. — Messrs.  Barksdale,  Baldwin,  Backstrom,  Benton, 
Beene,  Blair,  Berry,  Bonds,  Boiling,  Bullard,  Clayton  of 
Marshall,  Clayton  of  Lowndes,  Cunnnings,  Colbert,  Clapp, 


19 

J.  S.  Davis.  Dcnsoii,  Dov  las,  Eckford,  Flournoy,  Fontaine, 
Gholson,  Herring.  Holt,  Johnston  of  PcSoto,  Kennedy, 
King,  Marshall.  ^layson.  McGehcc  of  Panola,  Parker,  Pat- 
tison,  Powell  of  Jones.  Ivogers,  Peynolds,  Sanders,  Smart, 
Sumner,  Stevens,  Tison,  Tavlor.  Wright,  Yergcr  and  Yfimg. 
43. 

Nays. — Mr.  President,  Messrs,  Alcorn,  Anderson,  Al- 
dridge.  Booth.  Brantley,  Brooke,  Bookter.  Catohing,  Chal- 
mers. O.Davis,  I)ease,  Dyer,  Dcason,  Edwards,  Ellett,  Fizer, 
George,  (^lenii,  (^ win,  Harris,  Hill,  Hurst,  Isoin,  Jones, 
Keirn,  Keith.  Lea,  Lamar,  Lowers,  Lewis. MeGehee  of  Boli- 
var, Miller  o['  Tunica,  Myers,  Ncely,  Nelson,  Orr,  Powell  of 
Covington.  Kamsey,  Roberts,  Semmes.  'iVrral,  Thompson. 
Yanghan.  Walter.  Wel-ii.  Wilkinson  and  Womls. — 49. 

Mr.  Glenn  offered  tlie  following  amendment : 

Amend  fourth  line  of  liftli  section  by  striking  out  "  rati- 
fication or  rojection,"  and  .substitute  "  its  action.'' 

Which  v.as  adopted. 

Mr.  Brooke  moved  to  strike  out  the  fifth  section,  which 
was  lost  by  the  following  vote  : 

Ayes. — Messrs.  Alcorn,  Aldridge,  Barksdale,  Baldwin, 
Brooke,  Beenc,  Blair,  Berry,  Bonds,  Boiling,  Bullard,  Clay- 
ton of  Marshall,  Cummings,  Colbert,  0.  Davis,  J.  S.  Davis, 
Denson,  Flournoy,  Fontaine,  Gholson,  Herring,  Isom,  King, 
Marshall,  Maysoii,  ^McGehee  of  Bolivar,  ^IcGchee  of  Panola, 
Parker,  Pattison,  Rodgers,  Reynolds,  Sanders,  Stevens, 
Walter,  Wright,  Yerger  and  Young. — 38. 

Nays. — Mr.  President,  Messrs.  Anderson,  Backstrom, 
Booth,  Brantly,  Benton,  Bookter,  Clayton  of  Lowndes, 
Catching,  Chalmers,  Clapp,  Dease,  Douglas,  Dyer,  Deason, 
Eckford,  Edwards,  Ellett,  Fizer,  George,  Glenn,  Gwin, 
Harris,  Hill,  Holt,  Hurst,  Johnston  of  DeSoto,  Jones.  Keirn, 
Keith,  Kennedy,  Lea,  Lamar,  Lowers,  Lewis,  ^liller  of 
Tunica,  Myers,  Neely,  Nelson,  Orr,  Powell  of  Covington, 
Ramsey,  Rolierts,  Semmes,  Smart,  Sunnier,  Terral.  Tison, 
Taylor,  ThoniDson,  A'aughau,  Welsh,  Wilkinson  and  Woods. 
54. 

Mr.  Clayton  of  Marshall,  moved  that  the  vote  adopting 
the  amendment  of  Mr.  Clayton  of  Lowndes,  be  reconsidered. 

The  yeas  and  nayes  being  called  for,  the  motion  was  lost 
by  the  following  vote  : 

Ayes. — Messrs.    Alcorn.    Aldridge,  P.arksdale.    Bahlwin. 


50  f^ 

Brnnilv.  IJoiMie,  B!air.  Bonds,  Boiling,  Bullaid,   Cumininga 
■     J.  S.  Prtvis,   Dnisoii.  Douglas,   Dyer,   Ldwarda 
'M,!rnov.  Fontaine.  Ilorrin?:.  Hill.   Johnston  of  D« 
K.fitli.  Konnody.  King,   Lowers,  Lowi.s,  Mc-1 
\ar.  Myers  Parker,  I'owoll  of  Jones,  Keynolds, 
.Snuirl.  Suinner.  Slcvcns,  Tis(jn  and  Young. — 40. 
\  ^fr.   Prpsiilont,    Messr.-*.  Anderson.     Eackstrom, 

IW  \>\  Benton.  Berry.  Bookter,  (Clayton  of  ^larshall, 

'"  '...wnde-.-.  Catching.  Chalmers,  Clapp,  0.  Davis, 

Ml.  Kckford.  Ellelt,    George,    Glenn,   Gholson,i 
(;wi...  1 1...  lis.  Holt.  Hin-st.  Isoni.  Jones,  Lea.  Lamar,  Mar- 
hallM:-v  n!i   M.MJi-liecof  Panola,  Miller  of  Tunica.  Necly, 
•  -.111. PoNvell  of  Covington,  llauL-^ey,  Roberts, 
Tcrral,     Taylor.    'I'liompson.     Yauglian, 
Waiter,  Welsh.  Wilkinson,  Woods,  Wright  and  Yergcr.— 52. 

Mr.  Glenn  offered  t!»e  following  amendment : 

A'li.-nd    tlic    fourth   .section  l>y   striking  out   the   word 
•  Soutliern."  before  die  word  '•  State?,*'  in  tlie  .^ixth  line. 

Which  was  ado])ted. 

Mr.  Glenn  moved,  that  Ihi^  ordinance  be  considered  as 
eii;rroy-ed  and  the  ordinance  put  upon  its  passage. 

Which  was  adoi)tcd. 

The  «|in-stign  wa.s  then  taken  on  the  passage  of  the  ordi 
nance,  and  deciiled  in  the  aftirmativo. 
.    On  motion  of  Mr.  Glenn. 

//  '   That  the    Convention   go   into  the  election  ol 

I)i  ':  .  the  Montgomery  Convention  to-morrow  at  11 

oVl»>*  k. 

On  motion,  the  Convention  adjoiu-ncd  until  to-morrow  a^ 
10  o'clock. 


WEDNESDAY.  J.wtJARY  -iaui).  IStJi: 

'       Convention  met  pursuant  to  adjournment. 

■'  "f  prececding  day  read  nnrl  approved. 

!i  of  .Mr.  Glenn, 

T  •!  the  Conunltteo  on  a  Southern  Confederac) 

Ik  -  c'U<|uirc  into  the  propriety  or  expediency  o 

ha\  nig  Uiii  State  represented  in  such  Provisional  Govern 


XOTA  IJEXA. 

In  oxj>l;m:itiou  of  thi>  followiii'j-  ballots,  tlio  Printor  l:iUt'-- 
llic  libcrlv  of  iiiscrtiiiir  the  lullowiii.ir  oxtracts  IVoni  tlic  rc- 
visod  reixii-ts  of  the  Couvculioii,  us  pubHshcd  in  the  Mis- 
si  ssipj/iaii  : 

IJctorc  the  Convention  in-ococtleil  to  Imllot. 

Mi:  Dyer  said,  it  was  well  known  that  th(!  dGlcgatcs  rcp- 
mscntini^  the  oounties  emhraeod  iii  the  4th  (reotrraphieal 
])istrietrhavc  reconiinendiMl  to  this  l»ody  >FaJ.  K.  IJarlvsdah" 
as  a  proj)er  person  (o  be  seleetcd  to  represent  the  State  in 
l.art  in  the  Monttroincry  Cf>nvention.  This  Tact  has  made 
his  name  prominent  in  the  list  from  whieh  selections  \v\]\  lie 
made.  Jndrder  tliat  ntcmhers  may  not  cast  their  ballots 
under  a  misajipreliension  (d*  his  wishes,  ho  was  authorized 
and  reipiested  to  announce  to  this  body  that  it  is  iiii<v,7,(li- 
tioiKilhi  withdrawn.  , 

>Ir."Ellett  then  rose  ai\d  said  that  l)y  rerinestot  Mr.  (rlonn 
liis  name  could  not  ir«)  before  the  Convention.  Mr.  Glenn 
havino;  been  unanimonsly  luuninated  by  the  menibers  from 
his  nrstrict,  the  statement  was  proper  as  it  was  in<pr)ssible 
lor  Mr.  Glenn  to  accept  the  position,  if  conferred  on  him. 

liefore  proccediuir  to  the  second  ballot,  Mr.  Jianiar  said, 
the  vote  just  <rivcn  re<|nirc(l  him  to  announce  publicly  what 
he  had  rejieatedlv  said  to  his  friends  in  priviUe.  that  it  was 
not  within  his  power  to  aecei)t  an  appoinlmont  as  dcleprate 
to  ^fontsiomcrv.  His  reasons  were  jmrely  pi-ivaie  and  pei- 
sonal.  but  such  as  wouM  be  satisfactory  to  the  Gonveution 
if  he  felt  at  libertv  to  state  them. 

Mr.  Ellett  also"trracefully.  but  jiositively,  withdrew   his 

mime.  ,  ,     /.  .      i        , 

Mr.  Aldridire.  als(».  returned  thanks  to  the  friends  who, 
in  their  kind  partialitv.  cast  their  votes  for  him.  He  was, 
however,  satisfied  that  there  were  many  <rentlemen  who, 
from  their  age  and  experience,  Avere  more  competent  to  rep- 
resent the.  State  than  himself.  F<»r  that  reason,  and  others 
he  mitrlit  enumerate,  he  desired  that  his  friends  should  not 
cast  their  votes  for  him. 

Messrs.  Yerger  and  Alcorn  also  withdrew  their  names. 
Mr.  Dver  arose  and  again  Avithdrew  the  name  of  Ma j. 
^  IJarksdale,  stating  by  authority  of  that  giMitlenuin  that  hi> 
withdrawal  was  unconditional",  and  that  while  he  was  grate- 
ful for  the  preference  whieh  a  large  number  of  members  had 
indicated  for  him,  he  did  not  desire  the  position.  That  cir- 
.•umstances  rendered  it  impossible  for  him  to  serve  even  if 
.'leeted  bv  the  partiality  of  the  Convention. 


Mr.  l*UESH>KNT  :— L  lifivo  up  Ut  this  tiinp.  in  (lofpi-oiKM^  t(. 
Uio  .su«r<'C?tioiir  of  friends  niid  aLralnst  tlio  |ii'(>iu])lin.t>-s  of  my 
(}\vn  incliuatio|i,  n'lVaiii('(l  Worn  witlnUawiii^r  n^y  naim^  ^-''''.'t 
the  liallotinirs  in  wiiicli  avc  arc  fMiuaiiviJ,  but  I  foel  that  it  is 
ijur  lo  llio  ('onyiUi/rK}!  andto  myself  to  say,  that  -whilst  1» 
recoiruiiio  tlic  ])oc;it.ion  of  Ucle.u-atc.lo  the  Mont«romn-y    (Vjn- 
ycntiou,  c>T^[K'ci ally,  when  couterrcd  %  a  bmly  ontitle<l  t<, 
such  ]>n>found  rcs^i^pct  ^s  this,  as  one  of  hv^h  (iistinHion-- 
an  iionm-of  vfliich   any.  gojitlcinan  hb  .itoomI  roason  to  lotH 
prou'l:  ret  I,havo.at  lhe\sa^uo  tiii.0   ivorardc^i  it  as  a  frnj^t 
invol\ii45'S4fli  (Iclic'a.tc  i^intics  and  hi.trh  rc^jxnvsibiHtfo^.  a><l|;>> 
])e  neittwr  soiight  nor  ccnirtcd :  ami  as  o-nf  of  nn- distin- 
'guishetl'.  wlleagms  has  bo«.-n  alroad>-  soWtod  ns  ono  of  th(>^ 
houoreil  repre^j^eiitativcs  of  the  State,  Avhilst  tendering   my 
uratefid  acknowledgments   to   those   gentlen^en   avIio   hJiSx> 
irfjomplimented  mc  with  their  votes,  1  rOf|a€St  tliat  i»iy  naiiW 
d^e  Av.i.thdrawu.  •'■„'''.*'*'    ,,'V'"  '.'     "         ' 


iduii/,  . 


•J  ,,  ,", 


51      , 

mciit  as  may  be  formed  by  the  Coiiventiou  at  Monto-omery, 
and  the  best  mode  by  vrhicli  such  representation  can  be  had, 
and  report  by  resoUrdon  or  othen;^'ise  as  soon  as  practicable. 

The  President  announced  llio  folIowiDti'  Committees  : 

Committee  to  prepare  (lag  and  coat  of  arms  ior  tlio  State, 
Messrs.  Ch\i>p,  Ellett.  Thompson,  Ramsey  and  Yonng. 

Committ«.'e  to  prepare  an  address  to  the  people  of  the 
State  in  reference  to  planting,  Messrs.  Clayton  of  Lowndes, 
Vaughau,  M.  McGehee,  Keirn  and  Lea. 

On  motion  of  Mr.  King, 

Hcsolved.  That  the  lions ^  A.  G.  Brown.  Jefferson  Davis, 
Reuben  Davis.  John  J.  McRac.  Wm.  Barksdale  and  0.  E. 
Singleton,  the  Senators  and  Representatives  in  Congress,  be 
invited  when  present  to  seats  upon  the  iloor  of  this  liouse 
during  all  the  sittings  of  this  Convention. 

Mr.  Clayton  of  Marshall,  offered  the  following  ordinance, 

Whicli  was  refei'red  to  the  Committee  on  State  Constitu- 
tion : 

Be  it  ordained  and  declared,  cnid  it  is  hereby  ordai7ial  and 
declared  by  this  Convention.  That  if  any  part  of  the  ]>resent 
Constitution  of  the  State  of  Mississippi,  shall  lie  in  conflict 
with  any  ordinance  passed  by  this  Convention,  such  })art  of 
said  Constitution  shall  l>e  held  tx)  be  abrogated  and  auiiulh^il 
to  the  extent  of  such  conflict  but  no  further. 

On  motion  of  Mr.  Glenn, 

i^Cc<fo?i"ef?,  That  the  Convent  it  ill  do  now  proceed  to  vote 
for  seven  Delegates  to  the  Moidgomery  Convention  without 
any  special  nominati(ms  being  made,  and  no  one  shall  be 
elected  a  Dt-legate  unkvs  he  or  they  shall  receive  a  majority 
of  all  the  votes  Y)olled. 

On  motion  of  Mr.  ('Iialmers,  the  election  was  con(hicted 
by  ballot. 

The  President  ajipointed  Messrs.  Gholson.  Chalmers  and 
Reynolds,  to  act  as  tellers. 

The  Convention  then  })roceeded  to  ballot  for  Delegates  to 
the  Montgomery  Conventioii  v.ith  the  following. result :       ^ 

FIRST    BALLOT. 
I. 

VOTES. 

H.T.  Ellett 26 

W.  Brooke ' 38 

L.  Q.  C.  Lamar ^.  .• .  .  22 

R.  0.  Becnc 16 

J.  S.  Yerger a 


^ 


52  ^ 

FIRST  BALLOT   CONTINUED. 

VOTES. 

J.  W.  C.  Watson 11 

F.  M.  Rofrcrs 13 

H.  R.  Mill(?r 19 

J.  W.  Clapp 22 

I).  B.  Wrio-ht 6 

W.P.Harris 50 

W.  S.  Wilson 34 

E.  Barksdalo 24 

Jcfl".  Davis 14 

A.  G.  Brown 25 

S.  S.  Boyd 7 

J.  Harrison 1 

A.  M.  Clayton 35 

J.  A.  P.  Campbell 24 

P.  W.  Lucns 1 

D.  C.  Glenn 26 

W.  F.  ^)o^yd 4 

A.  K.  Blvthe 16 

W.  S.  Barry 31 

J.  Thompson : 17 

J.  Drane 2 

R.  Dayis 1 

H.  W.  Walter 1 

C.  R.  Crusoe 1 

Wm.  Barksdalc 3 

H.  Cassidy 5 

J.  L.  Alcorn 3 

Joseph  j\ratthc\ys 11 

A.  B.  Dihyorth 4 

D.W.  Hurst 1 

0.  R.  Singleton 1 

J.  Z.  Georg-c 4 

G.  R.  Clayton 14 

J.J.  McRae 5 

F.  M.  Aldrid,ti-c %. 9 

J.  T.  Harrison 15 

Fulton  Anderson 6 

Benton 8 

W.  S.  Feathcrston 1 

W.  L.  ITarris 5 

W.  li.  Hill 5 

G.H.Young 2 

4 


«  53 

FIRST   BALLOT   CONTINUED. 

VOTES. 

.   J.  A.  On- ?, 

C.  B.  Baldwin 5 

C.  I).  Fontaine 2 

Sale 8    . 

J.  T.  McMurran 3 

Wm.  Ycrgcr 8 

J.  D.  Freeman .• 1 

Beverly  Matthews 1 

J.  M.  thompson 1 

P.  B.  Starke 3 

W.  S.  Brooke 1 

A.  E.  Reynolds 1 

I.  Welsh 2 

T.  II.  Harrison T 

L.  C.  Huston 1 

G.  B.  Wilkinson 1 

W.  C.  Smcdes 1 

G.  M.  Ilillyer 1 

Whole  nunibcr  of  votes  cast 92      * 

Necessary  to  a  choice 47 

Mr.  W.  P.  Harris  lieinii'  the  only  person  who  had  received 
a  majority  ho  was  declared  elected. 

The  Convention  then  ]-)roceeded  to  a  second  ballot  with 
the  following-  result : 

SECOND   BALLOT. 

VOTES. 

W.  S.  Wilson 49 

W.  S.  Barry 33 

A.  M.  Clayton 43 

H.  R.  Miller 20 

E.  Barksdale 27 

W.  Brooke 59 

W.  S.  Fcatherston 10    ■ 

J.W.  Clapp 32 

W.  F.  Dowd 4 

G.  R.  Clavton 12 

J.W.  C.Watson G 

S.  S.  Boyd 5 

R.  0.  Beene 11 


54 

srXONn    RA.LLOT   TOXTINUED. 

\'OTEP. 

.lofV.  Davis 12 

J.  A.  P.  Campbell  .21 

A.  G.  Brown...  2". 

W.  "i'erger ....  2 

F.  AnderFon.. .  .7 
J.  ,T.  Harrison.  .17 
.Take  Tlioinpsoii                                                    .26 

TlioDipson  .  .  •         1 

H.  Ca.s?idy  4 

Bcnt<jn 5 

Aldridge  . .  2- 

Rogors IS 

L.  Q.  C.  Lamar  1 

A.  K.  Blytlic 10 

A.  j\I.  Reasons 5 

J.  J.  McRae ' 5 

W.R.Hill....  5 

G.  H.  Young . .  2 

KS.  FiBlier ..■ 2 

.1.  V/.  Mattliews 10 

W.  L.  Harris fi 

C.  Crusoe 2 

A.  15.  Dilwortli :V 

0.  U.  Baldwin.  G 

R.  Davis (> 

C.  1).  Fontaine .  .  ; 1 

C.  P.  Smith 8 

J.  Z.  George 2 

W.  MeWillie 2 

D.  B.  Wrjnlil 4 

J.  A.  Or.- 3 

ri.  J.  Glinlson 2 

Hurst a 

Welsh 3 

Sale 2 

Aleoru P» 

W.  R.  Harri- 1 

Houston 1 

Glenn 1 

J.  R.   C'liakrier.s 1 

H.  W.  Walter 1 

J.  Drane 1 


SKCOND    IJAl.LOT    ClOXTIXUED. 

VOTES. 

O.  Davis \ 1 

WIiolc  iuiuii>;'r  oi  votes  cast .......  ■•*! 

Necessary  to  a  clioico. ''• 

Messrs.  Wilson  and  Brooke  receiviu'2;  a  inajuiily  ol"  all 
the  votes  ca«t.  were  (loci  a  red  eloctctl.  ,    - 

The   Convention   then  proceeded  to  a  third -ballplt  with 
the  folh)vriug  yo-^\\]i  : 

TiiiUn     ii\\J.\^\'. 

W.  l!^.  Barrv ;JS 

J.  W.  Cla])]) .:i9 

J.  A.  r.  Campbell 2d. 

A.  M.  Clayton r,Z 

A.  G.  Brown -2'.. 

J.  T.  Harrison 2i: 

W.L.Harris 2 

F.  M.  Roffcrs 24 

H.  R.  Miller 20 

Cassidy ' 4 

J.  Thompson 25 

G.  H.  YonuL-- 1 

W.  11.  mii.^. 7 

A.  K.  Blvthc 11 

G.  R.  Clayton '..:....  9 

Jeff.  Davis 0 

W.  Yerj^er 1. 

E.  Barksdalc.  .                           1 

D.  C.  Glenn 1 

J.  W.  Matthews 1 

Benton ...  4 

F.  Anderson ...  7 

S.  S.  Boyd ...  3 

Alcorn .1 

Featherston 6 

H.  W.  Waller.                                             2 

.r.  L.  Autry 1 

Gholson 4 

W.  Anderson                                            2 

Baldwin 2 


THIIJD    jJALLOT    COXTINUED; 

VOTES. 

C.  R.  Crusoe 1 

H.  J)ickin>on 1 

R.  Becnc 4 

Claytou 1 

Dilwortli 1 

W.  McWillio 1 

Hurst : ....   2 

McRac 1 

Dowd 1 

Sale 1 

D.  B.  Wridit , 2 

J.  A.  Orr^ 4 

Whole  nuiii})er  of  votes  cast 92 

Necessary  to  a  choice 47 

Mr.  A.  M.  Clayton  liaving  received  a  majority  of  all  the 
votes  cast  was  declared  elected. 

No  one  else  having-  received  a  majority  the  Convention 
proceeded  to  a  fourtli  liallot  with  the  ibllowino-  result : 

FOURTH   BAT.LOT. 

VOTES. 

W.  S.  Barry 41 

Ro.siors 32 

Campbell 30      * 

J.  W.  Matthews 11 

IT.  R.  Miller 25 

d.  Thompson 28 

A.  K.  Blythe 7 

Clapp 27 

.  J.  T.  Ilarrisoji 28 

A.  G.  Brown 16 

W.  L.  Harris 4 

D.  B.  WnVht 4 

Fcatherston 4 

G.  R.  Clayton 5 

Baldwin 2 

Jeff.  Davis 3 

F.  Anderson 7 

Walter 1 

Autry 1 


57 


FOURTH  BALLOT  CONTINUED. 


VOTES. 


Boyd 4 

W.  R.  Hill 3 

Benton 1 

H.  Dickinson 1 

J.  A.  OiT 2 

Crusoe 1 

Whole  number  of  votes  cast 92 

Necessary  to  a  clioicc 47 

No  one  rcceivinn;  a  majority  of  all  the  votes  cast  the  Con- 
vention proceeded  to  a  lifth  V)allot. 
Pending  which, 
Tlic  Convention  adjourned  until  3^-  o'clock,  p.  m. 

THREE   AND    A    HALF   o'CLOCK,  T.  l\. 

The  Convention  met  pursuant  to  adjournment, 
And  resinned  the  l.tallot  for  Delegates  to  the  Montgomery 
Convention. 
The  fifth  ballot  resTtlted  as  follows  : 

FIFTH    BALLOT. 

VOTES. 

W.  S.  Barry 42 

F.  M.  Rogers 41 

J.  A.  P.  Campbell 43 

J.  T.  Harrison 41 

G.  R.  Clayton 8 

J.  Thompson 28 

H.R.Miller '...37 

W.  R.  Hill 7      . 

D.  B.  Wright 5 

E.G.  Walthall 1 

Featherston 3 

Clapp 7 

Brown 4 

Benton .* 1 

Welsh..... 1 

Boyd 2 

Orr  . 2 

F.  Anderson 4 


58 

FIFTH   BALLOT   CONTINUED. 

VOTES. 

S.  Oliver • 1 

Foiilaiiic 1 

W.  L.  Harris.  .  .  1 

Whole  number  of  voles  cast 94 

Necessary  to  a  choice 48 

Xo  one  recciviii.c:  a  majority  of  all  tlie  votes  cast  the  Con- 
vention proceeded  to  the  ;-ixth  ballot  Avitli  the  following  re- 
sult: 

.^ix'i'ii    i;ai.i.(»t. 

VOTES. 

W.  S.  Barry 47 

F.  M.  RoicVfS 4(1 

J.  A.  P.  bampbcll 47 

J.  T.  Harrison 47 

H.R.Miller 3'J 

J.  Thompson 10 

<:'lapp 0 

Wright :' 4 

Clayton o 

Hiii ^ 

Lea 1 

West 2 

Featherston 

W.  L.  Harris 

Aldridge 

Lowi.s •. 

Gholson 

Brov.ii, 

Uenton  

.    Orr 

-Vutry 

Whole  number  of  votes  cast •>! 

Necessary  to  a  choice 46 

Messrs.  W.  S.  Barry,  J.  T.  Harrison  and  J.  A.  P.  Camp- 
bell, having  received  a  majority  of  all  tlie  votes  cast,  were 
declared  duly  elected. 

Mr.  Glemi,  from  the  Committee  on  Southern  Confederacy 
submitted  a  gorkiii  of  rosoUitinns,  which, 


59 

On  his  motion,  were  laid  on  the  table  and  200  copies 
ordered  to  be  printed.  ^ 

On  motion  of  ]\Ir.  Cliabners,  the  Convention  took  up  the 
ordinance  to  reg'ulato  tlio  Military  system  of  the  State  of 
Mississippi. 

The  question  was  then  talccn  on  the  passage  of  the  ordi- 
nance and  decided  in  tlie  affirmative. 

On  motion  of  Mr.  Chahners,  the  Convcntiort  iprocecded  to 
the  clectioji  of  a  Major-General  by  ballot. 

Tlie  President  appointed  Messrs.  GholF(m,  Anderson  and 
Beene,  to  act  as  tellers. 

Upon  the  first  ballot, 
Jefferson  Davis  received ...  . .  88  votes. 

Reul)en  Davis .1       " 

Earl  Van  Dorn ! 

Whole  number  of  votes  cast ...''■' 

Necessai'y  to  a  choice -iti 

Jefferson^  Davis  having  received  a  majority  of  all  the 
votes  cast  was  declared  elected  Major- Ger^ral. 

On  motion  of  Mr.  Clialmers,  the  Convt  ution  proceeded  to 
the  election  of  four  Brigadier-Generals. 

On  motion  of  Mr.  Welsji,  the  election  was  conducted  by 
ballot.  (;,  I  ^  , 

Messrs.  Gholson,  Anderson  and  Beene,  acting  as  tollers. 

The  Convention  proceeded  to  ballot  with  the  following 
result : 

FIRST   BALLOT. 

VOTES. 

W.  C.  Faulkner 8 

C.  Clark 19 

D.  R.  Russell 1 

.Earl  Tan  Dorn 20 

J.  L.  McMannus 3 

C.  H.  Mott 7 

J.  L.  Alcorn 18 

J.  C.  Russell 1 

John  H.  Miller 2 

A.  K.  Blvthe 1 

Thomas  W.  Harris 2 

n.  H.Miller.: 2 

Charles  H.  Abert 1 

W.  F.  Gaines 1 


60 

FIRST   BALLOT  CONTINUED. 

VOTES. 

J.  R.  J)avirf 1 

Richard  Griffith 1 

Wliolo  number  of  votes  cast 89 

Xcce.-sar}-  to  a  choice 45 

No  one  liaving  received  a  majority  of  the  whole  the  Con- 
vention proceeded  to  a  second  ballot  with  the  following 
result : 

SECOND    BALLOT. 

VOTES. 

Charles  Clark 2-i 

Earl  Van  Doru 35 

J.  h.  Alcorn 24 

H.  PI.  Miller 1 

J.  L.  McMaunus 2 

C.  H.  Mott 3 

T.  W.  Plarris 1 

Whole  number  of  votes  cast 90 

Necessary  to  a  choice 46 

No  one  having  received  a  majority  of  all  the  votes  cast 
the  CouYcution  proceeded  to  a  third  ballot  with  the  follow- 
ing result  : 

THIRD    BALLOT. 

VOTES. 

Charles  Clark 11 

Earl  Van  Doru 61 

,1.  L.Alcorn 19 

"Whole  numljcr  of  votes  cast 91 

Necessary  to  a  choice 46 

Earl  Van  Dorn  having  received  a  majority  of  all  the  votes 
cast  was  declared  elected  Hrst  Rrigadior-General. 

The  Convention  tlion  ])rocecdc(l  to  ballot  for  2nd  Briga- 
dier-General with  the  following  result: 


61 

FOURTH    BALLOT. 

VOTES. 

J.  L.  Alcorn 42 

Charles  Clark 36 

C.  H.  Mott 0 

R.  Griffith 2 

T.  W.Harris 2 

H.  IT.  :\Iillcr 1 

Whole  uuiuber  of  votes  cast 89 

Necessary  to  a  choice 45 

No  one  having'  received  a  niajority  of  all  the  votes  cast 
the  Convention  proceeded  to  a  fifth  ballot. 
Pending  the  ballot, 

On  motion  of  Mr.  Fontaine,   the   Convention  adjourned 
until  7^  o'clock,  r.  m. 

BEVEN   AND    A    HALF   o'CLOCK,   P.    M. 

The  Convention  met  ])ursuant  to  adjournment. 
On  motion  of  Mr.  Clenn,  the  i-csolutions  from  the  Com- 
mittee on  Southern  Confederacy,   were  made   tke   special 
order  of  tlie  day  for  10.^  o'clock  to-morrow  morning. 
Mr.  Clapp  offered  the  following  resolution,  which, 
On  motion  of  Mr.  Orr,  was  laid  on  the  table  : 
Resolved,  That  each  member  shall  vote  for  three  persons 
at  one  time,  and  the  highest  shall  be  declared  lirst  elected, 
provided  he  gets  a  majority  of  the  whole  vote  cast,  and  in 
case  of  a  tie  it  shall  he  determined  by  the  Convention  who 
shall  be  first. 

The  Convention  tlien   procee  led  to  a  fifth  ballot  for  2nd 
Brigadier-General  with  the  follcuving  result : 

FIFTH    BALLOT. 

VOTES. 

Charles  Clark (U 

J.  L.  Alcorn 27 

C.  H.  Mott. 1 

Whole  number  of  votes  cast 02 

Necessary  to  a  choice 47 

Charles  Clark  receiving  a  niajority  of  all  the  votes  cast 
was  declared  duly  elected  second  Brigadier-General. 


.62 

The  resiilt  of  sixth  ballot  was  as  follows  : 

SIXTD    HALLOT. 

VOTES. 

.1.  ]..  Alcorn 52 

R.  Griffith 5 

W.  C.  Faulkner 7 

H.  H.  Miller 3 

T.  W.  Harris 8 

C.  H.  Mott 12 

Wm.  Griffith 1 

J.  If.  Miller 2 

Whole  number  of  votes  cast 90 

Necessary  to  a  choice 46 

•L  L.  Alcorn  having  received  a  majority  of  all  the  votes 
cast  was  declared  duly  elected  third  Brigadier-General. 

The  Convention  then  proceeded  to  ballot  for  a  fourth 
Brigadier-General  with  the  following  result : 

*feEVENTH   BALLOT. 

VOTES. 

T.  W.  Harris — 

C.  H.  Mott 37 

H.  H.  Miller 4 

J.  H.  Miller 2 

W.  C.  Faulkner 7 

C.  H.  Abert 1 

A.  K.  Blythe 3 

Richard  Griffith 2 

Wm.  Griffith — 

J.  L.  McMaunus 2 

T.  Harris 7 

Whole  number  of  votes  cast 94 

Necessary  to  a  choice 48 

No  one  receiving  a  majority  of  all  the  votes  cast  the  Con- 
vention proceeded  to  ballot  with  the  following  result : 


63 

EIGHTU    BALLOT. 

VOTES. 

C.  H.  Mott 48 

T.  Harris 2 

W.  H.  :\riller a 

W.  C.  Faulkner 31 

McMaiiiniH -> 

B^tlic 1 

R.  Griffith 1 

J.  H.  Miller 3 

Whole  iiimiber  ol'  voles  east 02 

Necessary  to  a  choice 47 

C.  It.  Mott  liaving  receiveil  a  majority  of  the  votes.cast 
was  declared  duly  elected  fourth  Brigadier-General. 

On  motion  of  Mr.   Gholson,  the  Convention  adjoui-ned 
until  to-morrow  moruiiijjf  at  !()  o'clodc. 


THURSDAY.  January  24th.  1861. 

Tlie  Convention  met  pursuant  to  adjournment. 

.Tournal  of  preceding-  day  read  and  approved. 

Connnunications  to  tlio  President  were  read  and  referred 
to  the  a|)propriatc  committees. 

Mr.  Clapp  submitted  an  (n-dinauce  from  the  Committee 
on  Postal  Aftairs. 

Which  was  laid  on  the  table  and  2U()  copies  ordered  to  be 
jirintcd. 

Mr.  Orr  olTercd  the  following-  rer.-olution  : 

Resolved,  Tliat  a  special  committee  of  five.bc  ajipointed 
to  enquire  into  the  expediency  (.)f  suspending  the  execution 
of  decrees,  judgments,  executions,  mortgages  and  deeds  of 
trust  for  twelve  months  ;  also,  the  laws  for  instituting  suits 
in  the  various  court^tf  this  State,  except  tho  attachment 
laws. 

Fending  which. 

The  Convention,  on  roorioa  of  Mr.  Glenn,  proceeded  to 
the  consideration  of  the  special  order,  to-wit :  the  resolu- 
tions c!^  the  Committee  on  Sontliera  Confederacy, 


0)4 

Mr.  Ellctt  offered  an  aiiiendincnt  thereto,  which, 

On  his  motion,  wa^  hiid  on  the  tal.tlc  and  two  hundred 
copies  ordered  to  lie  ]>rintcd  ;  and  the  whole  subject  was 
made  tlic  special  order  tor  ten  o'clock  to-morrow. 

On  motion  of  Mr.  Fontaine,  the  Convention  went  into 
secret  session. 

After  some  time  spent  therein  tlic  doors  of  tlic  Conven- 
tion Avere  opened. 

On  motion  of  ^[r.  Wright,  the  Convention  resolved  itself 
into  Connnittee  of  tlie  Whole,  to  take  into  consideration 
the  ordinance  reported  by  the  Committee  of  Ways  and 
Means,  entitled  an  ordinance  to  raise  means  for  the  defense 
of  the  State. 

Mr.  Orr  in  the  chair. 

After  some  time  spent  therein  the  committee  rose  and  re- 
jioi'tcd  back  the' ordinance  without  any  recommendation. 

Wliich  was  received  and  agreed  to. 

Tlio  Convention  proceeded  to  the  consideration  of  the 
ordinance  by  Hcctions. 

]Mr.  George  offered  the  following  amendment  to  the  first 
section  : 

''ProvidoL  that  in  order  to  make  the  State  tax  on  slaves 
equal  to  the  State  tax  on  other  personalty  and  on  land,  the 
above  mentioned  tax  of  fifty  per  centum  on  the  present 
State  tax,  shall  not  apply  to  slaves,  but  instead  thereof  an 
additional  special  tax  of  one  dollar  and  twenty-five  cents 
be  imposed  on  each  taxable  slave,  to  be  collected  and  dis- 
liursed  as  the  other  taxes  herein  provided  for. 

^Ir.  Chalmers  offered  the  following  amendment  to  tlie 
amendment : 

"And  that  the  regular  tax  on  slaves  be  and  it  is  hereby 
so  changed,  that  the  ta\x  assessed  on  each  taxable  slave  shall 
be  the  same  as  on  taxalile  land,  and  that  no  slave  shall  be 
taxed  who  is  over  sixty  or  under  ten  years  of  age,  and  that 
slaves  shall  be  so  assessed  at  the  next  regular  assessment  of 
the  property  of  the  State." 

Mr. moved  to  lay  the  amendment  and  the 

amendment  to  the  amendment  on  "the  talile. 

A  division  being  called  for,  ^ 

The  question  was  lirst  taken  on  laying  the  amendment  to 
tlic  amendment  on  the  tabic  and  decided   in   the  affirmative. 

The  question  was  then  taken  on  laying  the  amendment  of 
Mr.  George  on  the  talile,  and  decided  in  the  negative  by 
yeas  and  nays,  as  follows  : 


(^5 

Yeas.t^Mcssts.  Al<^ru,  Anderson,  Barksdale,  Backstrom. 
Booth.  Boiling.  Clrivton  of  Lowndeh'.  (.'olbort.  Clapp,  Beaso. 
J)vev.  Ellotl,  Fi/,«'V.  Flounioy,  Harrii^.  Hill,  Holt,  Hur^^t. 
Jones,  Kcirn.  Kennedy.  Kiiiu'.  Lamar,  Marshall.  McGelieo 
of  Bolivar,  MeGehee  of  Panola.  Xi^ely,  rattisoii.  Roberit--. 

.'  Sander8,8(mnnes, Smart, Terra].  Taylor,  Thompson.  Vaughan. 

•  Walter,  Wilkinson  and  Yerecr — 38.  ' 

Nays. — Mr.  President,  Messrs.  Aldridgc,  Baldwin,  Brant- 

.  ley,  Brooke.  J^entoii.  Blair,  Berry,  Bonds,  Bullard,  Clayton 
of  Marshall,  Calehing.  Chahners,  Cumminirs.  O.  Davis. 
.).  S.  l)avis.  Deuson.  Douglas,  Deason,  Ecklbrd.  Edwards. 
Fontaine,  (leorjre,  (Jieun,  (ijiolson.  ,(twju.  Ilcrrinsi-.  Isom, 
Johnston  of  DeSoto.  Keith.  Lea.  Lewers.  Eewis,  Miller  of 
Pont£)toc.  MiHer  of  Tunica,  Nelson,  Orr.  Parker,  Powell 
of  Coving-ton.  Rainse\',  Rogers,  Reynolds,  Sumner,  Stevens, 
Tison,  Witty.  Wocvls.  Wright  and  Yonng — 17. 

'Iin   l\fy')   '>ll' 

Pending  fin'ther  action. 

The  Convention  adjourned  until  three  o'elock  this  even- 
ing. 

■•^'  TTTREE  o'clock,    P.  M.  "    . 

The  Convention  mel  j)ursuanl  to  adiournmenl. 
■f'vt  Mr.  Herring  asked  to  Inuc  his  votx'  recorded  in  thef  neg- 
ative  on    the  proposition    to   lay  the  amendment  of  Mr. 
•'iCredrge  on  the  table. 
li-  Mr.  Eekfoi'd  offered  the  following  resolution  : 

Eesohhrf.  That  the  Governoi-  ho  and  he  is  hereby  author- 
ized to  appropriate  to  the  use  of  Volunteers  when  called 
into,  service  or  Ix^fore  if  he  may  deem  it  necessary  such 
cloth  or  other  material  manufactured  in  the  Penitentiary 
and  now  on  hand,  or  which  may  ]»e  hereafter  manufactured, 
aa  may  be  suitable  for  clothing  said  troops  or  making  tents 
for  the  sara(\ 

Mr.  Walter  ottered  the  following  amendment  as  a  substi- 
tute :  • 

Jicso/vcd.  That  the  ^[ilitary  Board  created  by  the  ordi- 
nance passed  by  this  Convention  be  autliorized  to  employ  so 
much  of  the  labor  of  the  l^enitGntiary  for  making  tents, 
clothing.  <tc..  for  the  volunteers  to  be  raised  by  said  ordi- 
nance as  they  may  deem  necessaiy.  , 

On  motion  of  Mr.  Walter,  the  resolution  and  amendment 
were  referred  to  the  Committee  on  Military  Affairs. 
C-13 


66 

The  Couvcntion  resumed  the  consideration  of  the  ordi- 
nance to  raise  means  for  the  defense  of  the  State. 

The  pendiuc;  question  bcino-  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Gcorjre. 

Mr.  Ellett  offered  the  following  amendment  to  the  amend- 
ment : 

Amend  by  striking  out  all  after  the  words  "additional 
special  tax"'  and  insert  "sufficient  to  make  the  tax  on  slaves 
equal  to  twenty  cents  on  every  one  liundred  dollars  in  value 
thereof,  the  value  to  be  ascertained  in  the  same  manner  that 
the  value  of  land  is  now  ascertained  under  the  revenue  law 
of  this  State,  and  the  tax  assessor  shall  accompany  the  tax 
collector  and  make  out  his  assessment  an  the  tax  is  paid,  and 
return  such  assossmeut  to  the  clerk  of  the  Probate  court, 
who  shall  make  out  and  transmit  to  the  proper  officer  such 
copies  thereof  as  he  is  now  rc(iuircd  by  law  to  make  of  other 
assessment?.'' 

The  previous  question  was  then  moved  and  the  call  su3- 
tained. 

Pending  the  vote, 

A  call  of  the  Convention  was  ordered. 

The  following  members  were  absent : 

Messrs.  Alcorn,  ]3ooktcr,  Dcason,  Farrar,  Gibson,  Hurs!;, 
Johnston  of  Jefferson,  Lamar,  Mayson,  McGehee  of  Panola, 
Powell  of  Jones.  Thornton,  Thompson,  Winchester  and 
Wood. 

On  motion,  the  further  call  of  the  Convention  was  bu* 
pended. 

The  question  was  then  taken  on  the  adoption  of  Mr.  El- 
lett's  amendment  to  the  amendment  and  decided  in  the  affir- 
mative, by  yeas  and  nays,  as  follows  : 

Yeas. — Messrs.  Alcorn,  iUdi'idge,  Backstrom,  Benton, 
Blair,  Boiling,  Bullard,  Chalmers,  Cummiugs,  Clapp,  Dease, 
Dyer,  Eckford,  Edwards,  Ellett,  Elournoy,  Glenn,  Gwin, 
Harris,  Herring,  ilill,  flolt,  Jones,  Kcirn,  Lewers,  Lewi?, 
Marshall,  McGehee  of  Bolivar,  Neely,  Nelson,  Parker,  Pow- 
ell of  Covington,  Roberts,  Semraes,  Smart,  Stevens,  Terral, 
Taylor,  Thompson,  Vaughan,  Walter,  Welsh,  Wilkinson, 
Woods,  Wright  and  Ycrgcr — 45. 

Nays. — Mr.  President,  Messrs.  Anderson,  Barksdale, 
Baldwin,  Booth,  Brantley,  Brooke,  Beene,  Berry,  Bonds, 
Clayton  of  MaVshall,  Clayton  of  Lowndes,  Catching,  Col- 
bert, 0.  Davis,  J.  S.  Davis,  Denson,  Douglas,  Fizcr,  George, 
Gholson,  Herring,  Isom.  Johnston  of  DeSoto.  Koith,  Keo- 


67 

uedy,  King,  Lea,  McGehcc  of  Panola,  Miller  of  Pontotoc, 
Miller  of  Tunica,  Pattison,  Ramsey,  Rogers,  Reynolds,  San- 
ders, Sumner.  Tison,  Witty  and  Young — 43. 

The  question  was  then  taken  on  the  adoption  of  Mr. 
George's  amendment  as  amended  and  decided  in  the  nega- 
tive, by  yeas  and  nays,  as  follows  : 

Yeas. — Messrs.  Aldridge,  Baldwin,  Benton,  Beene,  Blair, 
Bonds,  Clayton  of  Marshall,  Chalmers,  Clapp,  Dease,  Fon- 
taine, Gwin,  Lowers,  Miller  of  Pontotoc,  Nelson,  Parker 
and  Young — 17. 

Nays. — Mr.  President,  Messrs.  Alcorn,  Anderson,  Barks- 
dale,  Backstrom,  Booth,  Brantley,  Brooke,  Berry,  Boiling, 
Bullard.  Clayton  of  Lowndes,  Catching,  Cummings,  Colbert, 
0.  Davis,  J.'S.  Davis,  Douglas,  Dyer,  Eckford,  Ellett,  Flour- 
noy,  George,  Glcim,  Gholson,  Harris,  Herring,  Hill,  Holt, 
Isora,  Johnston  of  DeSoto,  Jones,  Keirn,  Keith,  Kennedy, 
King,  Lea,  Lewis,  Marshall,  ]\fcGehee  of  Bolivar,  McGehee 
of  Panola,  Miller  of  Tunica,  Neely,  Orr,  Pattison,  Ramsey, 
Roberts,  Rogers,  Sanders,  Seramcs,  Smart,  Sumner,  Stevens, 
Terral,  Tison,  Taylor,  Thornton,  Thompson,  Vaughan,  Wal- 
ter, Welsh,  Witty,  Wilkinson.  Woods,  Wright  and  Yerger 
—68 

Mr.  Blair  moved  a  reconsideration  of  the  vote  adopting 
the  amendment  of  Mr.  Ellett's  to  the  amendment  oflFered  by 
Mr.  George. 

On  motion  of  Mr.  Anderson,  the  motion  to  reconsider 
was  laid  on  the  table. 

Pending  further  action, 

The  Convention  adjourned  until  9  o'clock  to-morrow 
morning. 


FRIDAY,  January  25th,  1861. 

The  Convention  met  pursuant  to  adjournment. 
The  Journal  of  the  preceding  day  read  and  approved. 
The  roll  of  the  Convention  being  called,  and  a  quorum  not 
0—14 


68 
bciufr  proton t.  tlieSoi-tr«'aiit-at-AriiH  un-  diiected  to  briiiff  in 

tllC;il)SOUt<H.V.  ,;    '         .  .1 

A  ()Uojhni  i4>iK^ai4u.£!;,  rlii''  hiiTli('f''.';'in  wa-  (li:^j)ori«o<I   widi. 

^n  in»Stion  of  Mr.  Roir(H'.>. 

Ji('.S'>lir(l,T\int  \ho  Pr(V-:i«lf'i.i  ,,|.|..i;,,  .^  r.iiiiuillce  oC  ihrcc. 
\vlu).se  duty  it  ;^liall  Ix;  lu  <'.\iMiiiin'  tlu'  locui-ils  of  tliis  Couven- 
tion,  enh-pof  any  ci  rur.-.  it  anyrlicicin.  ;i!t(i  ]iro]-)are  the  paliie 
for  amplication. 

On  motion  o\'  Mr.  lltilt.  .      V 

I{('.s()/i:c(l.  'j'liat .  tlu;  (  Jovciikh-  \>r  iicn-lty  requested  to  fcr- 
\rard  iironnttly  to  tlie  Ivvccntiviv  ul  the  Xortli-we^'torn  State.^j, 
an  authenticated  copy  of  tlie  onliiyincp  |)a:-sed  by  this  Con- 
vention, declaratoi'V  of  our  detcnninalion  not  to  obstruct  in 
any  manner  the  ])ec('iiltK'  naviualion  .if  the  Mississippi  riv^r, 
within  (un-  limits. 

On  motion  of  Mr.  (Mt.  the  rcsoliitioii  in  i-dation  tO  a  Navy 
law  Avas  taken  np. 

Mr.  Fontaine  moved  to  lay  the  resolution  on  the  table  : 

Which  was  decided  in  the  af!irmativ'\  by  yeas  and  nays,  ns 
follows: 

Yeas- — Mr. President. Messrs.  Ah-oni.  Aidridge.Barksdale, 
Backstrom.  Booth.  Brooke.  Benton.  Beciie.  Bonds,  Boiling. 
BuUard,  Clayton.  Chalmers  of  Mai-siiall,  Clayton  of  Lowndes 
Cumming-s.Clapp.  0.  Davis.  Douglas.  Dyei-.  Dcason.  Kekford. 
Edwards.  Ellett.  Fizer.  ri(.)uraoy.  Georiiv.  Cibson.  Gholson. 
Cwin,  ilenry,  Holt.  Hiu-st,  Johnston  of  DeSoto.  .Tones,  Kcirn. 
Kennedy,  King,  Lea,  Marshall.  McGehee  of  Boli^  ar.  McGohee 
of  Panola.  Myers,  Xelson.  Parker,  Pattisou.  Powell  of  Jones. 
Ramsey,  Roberts,  Rogers.  Reynolds.  Sandei-s.  Sennnes,  Tison. 
Taylor,  Thornton,Thom))son.A'aughan.  Walter.  Welsh,Witt.y. 
Woods  and  Yerger — fio.  , 

Nays — Brantley,  Berry,  Catchiugs,  Dense,  ilenjon,  Keith, 
Lewers,  Neely.  On*.  Powell  of  Covinglou.  and  Terrall — 11. 

Mr.  Brooke  presented  the  following  ordinance  : 
Be  it  ordomed  by  the-  people  of  the  Sf'ffn  o''  Mississippi,  in 
Convention  assembled.  That  no  law  for  tlie  purpose  of  hinder- 
ing or  delaying  the  execution  of  legal  prr»cesf  for  the  collec- 
tion of  debts,  or  postponing  the  foi-oclosure  of  mortgages, 
or  deeds,  of  trust,  shall  be  passed  by  the  Legislature,  un- 
less the  same  shall  be  passed  by  three-fourths  of  each  House. 
On  his  motion,  the  ordinance  was  referred  to  the  com 
mittee  ou  State  Constitution.  ' '"  '  '    ''■"  --••-;--.:''  t.'-'^: 


69 

Mr.  .Tone?  offered  die  tbllowing  re^olutioi).  wliicb,  on  mo- 
tion of  Mr.  Bollino-,  Avas  laid  ou  tliC  table  : 

Remlved,  Tiiat  the  "coniniittee  on  the  State  Constitution." 
be  instructed  to  consider  and  report,  whether  any.  and  if 
any.  wirat  '^amendment  to  the  constitution  is  advisa1)le.  in 
order  to  (Miablc  the  Legislature  to  enact  sucli  laws  for  the 
collection  of  rexcnue  to  be  derived  from  real  estate,  as 
sliali  avoid  the  difficulties  arising  under  constitutional  cpies- 
tions  in  the  courts,  which  have  heretofore  d(>feated  tlie 
validity  of  titles  to  lands,  sold  in  this  iState.  for  default  of 
owners,  in  the  nou-]»aym<>nt  of  tlicir  tiixos. 

The  (Convention  proceeded  t<^  the  con^ideraiion  of  the 
special  order.  l>eing  an  ordinance  to  raise  means  lor  the 
defense  of  the  State. 

Mr.  (reorge  offered  tJie  following  anicndnici|t  to  1st 
section  : 

Add  to  the  I  SI  section,  "Provided  that  the  above-men- 
tioned ti'.x  of  tifty  per  centum  on  the  present  State  Tax, 
shall  not  ap})ly  to  slaves;  but,  instead  thereof,  an  additional 
sj)ecial  tax  of  one  dollar  and  twenty  cents  1)e  imposed  on 
each  taxable  slave,  which  shall  be  collected,  disbursed  and 
accounted  for  in  the  same  manner  as  the  other  taxes  herein 
provided  for. 

A  motion  being  made  to  table  the  amendment,  the  yeas 
and  nays  wei-e  demanded,  and  the  motion  prevailed,  by 
the  folloAving  vote  : 

Vf:AS — Messrs.  Alcorn.  Anderson,  Barksdale,  Backstrom, 
Bootli,  Boiling,  Bullard.  Clayton  of  LoAvndes.  Catching, 
Cummings.  Clapp,  Dease.  Dyer.  Eckford,  Edwards,  Ellett. 
Fizer,  Elournoy,  Gibson,  Owin,  Harris,  Holt,  Hurst.  .Tohu- 
ston  of  DeSoto,  Jones,  Keirn,  Keith.  Kennedy.  King. 
Bewers,  Marshall.  McGehe'^  of  Bolivar,  McGehee  of  Panola. 
Xecly.  Powell  of  Covington,  Roberts,  Sanders,  Semmes. 
Terrell.  Tavlor.  Thompson.  Vaughan.  Walter.  Welsh,  and 
Witty— 44." 

Xays — Mr.  President.  Aldridge.  Baldwin.  Brantley, 
Brooke,  Benton.  Bcene.  Blair.  Berr} .  Bonds.  Clayton  of 
Marshall.  Chalmers.  0.  Davis,  Denson.  Douglas.  Deason. 
Fontaine.  George.  Gholson.  Herring.  Ison).  Lea.  Miller  of 
Pontotoc,  Miller  of  Tunica.  Xelson.  Pattison,  Powell  of 
Jones,  Ramsey.  Rogers,  Reynoldr^.  Stevens.  Tison,  Thornton, 
Woods  and  Young — 3". 

Mr.  King  olBfered  the  follovdng  amendment : 
C— 15 


70 

Strike  out  the  first  ai?etioij,  and   insert  in  lieu  tlierooi",  the 
following  : 

Section  1.  That  it  shall  be  the  duly  of  the  tax-collectors 
of  the  several  counties  in  this  State,  forthwith  after  the 
passagi'  of  this  ordinance,  to  collect,  in  the  manner  now 
provided  by  law  for  the  collection  of  other  taxes,  from 
every  tux-payer  in  his  county,  an  additional  special  State 
tax  of  lifty  per  centum  on  the  regular  State  tax  of  such 
tax-payer,  and  also  a  tax  IVoni  every  inhabitant  of  this  State 
of  three  per  ccntuni  n\)ou  all  money  owned  or  controlled  by 
sucli  inhabitant,  and  deitosited.  loaned  or  employed  in  the 
purchase  of  not(^-•,  bills,  stocks,  or  any  securities  for  the 
payment  of  money,  witiiout  the  limits  of  this  State,  or  kept 
from  circulation  witliin  the  same,  at  any  time  during 
tlie  fiscal  year,  and  to  pay  the  same  into  the  State  Trea- 
sury, subject  to  all  the  laws,  restrictions  and  penalties 
that  ajiply  \p  and  regulate  the  collection  and  payment  of 
other  State  taxes;  and  the  money  so  collected  sliall  con- 
stitute a  Military  Fund,  and  a  separate  account  thereof 
shall  be  kejtt  by  the  Auditor  and  Treasurer,  and  the  same 
shall  be  disbursed  V)y  Avai-rant,  issued  on  the  order  of  the 
Governor,  and  shall  be  applied  by  the  Governor  to  such 
purposes  of  defense  and  military  service  of  this  State  as 
may  be  authorized  by  law,  this  Convention,  or  the  Legisla- 
ture :  Provided  that  the  money  invested  in  the  loan  to  the 
State,  authorized  by  tlie  second  section  of  this  ordinance, 
shall  be  exempt  from  all  taxes,  whether  the  same  be  State, 
county,  mimicipal,  special,  school  or  military  :  And  pro- 
vided further,  that  money  temporarily  dejiosited  without  the 
limits  of  this  State,  or  kept  from  use  and  circulation  within 
the  same,  in  contemplation  of  use,  other  than  for  loan  or 
employment  in  the  purchase  of  stocks,  bonds,  bills,  or  other 
evidence  of  debt  or  permanent  deposit  without  the  limits  of 
this  State,  shall  be  exempt  from  said  tax  of  three  per  cent  : 
And  provided  further,  that  the  Boards  of  Police  of  such 
counties  as  shall  have  a  surplus  of  money  in  tlieir  respective 
count}'  treasuries,  shall  apply  such  surplus  money  by  ca.using 
ihe  same  to  be  paid  to  the  proper  tax-collectors,  in  or 
towards  the  discharge  of  said  tax  of  fifty  per  centum,  in 
their  respective  coimties. 

The  question  was  taken  on  the  adoption   of  the  a-mend- 
meat,  and  decided  in  the  afSrmative. 

Mr.   Clayton  of  Marshall,   offered  the  following  amend- 
mfint  to  SGcticn  second,  which  was  lost : 


71 

In  section  2nd,  4tli  iuio,  strike  out  tlie  words,  one,  two, 
and  three,  and  insert  twt  three  and  four  years,  and  in  fifth 
line  after  the  words  1861, strike  out  the  words,  bearino-  in- 
terest at  ten  per  cent,  per  «nnum  from  date,  and  insert,  with 
coupons  of  interest  attachci  at  the  rate  of  ten  per  cent,  per 
annum  payable  ammally. 

Mr.  Barry  offered  the  fol)wing  amendment  to  the  fourth 
section, 

Which  was  adopted  : 

lind  it  shall  be  the  duty  oteach  tax  collector  who  shall 
have  on  hand  any  money  collated  under  the  provisions  of 
this  ordinance  to  receive  and  ^y  any  treasury  note  or  cer- 
tificate of  loan  issued  in  purs^nce  of  this  ordinance,  and 
which  sluill  be  paya})lc  at  thteml  of  the  fiscal  year  for 
which  tlie  tax  in  the  hands  oi  ho  assessor  was  collected  • 
and  if  anv  tax  collector  haviuj,' .ufficient  money  on  hand 
arising  f^m  said  tax  shall  refu.  to  pay  anv  certificate  or 
note  as  aforesaid  to  the  holder  oun-esentation  and  demand 
thereof,  he  shall  be  liable  to  thcoldcr  thereof  in  a  sum 
equal  to  the  amount  of  the  said  nip  o^  certificate  to  be  re- 
covered on  an  execution  in  any  mrt  having  jurisdiction 
thereof. 

Mr.  King  offered  the  following  ?^ndmcnt  bv  way  of  ad- 
ditional sections, 

Which  was  adoj^ted  : 

Section  — .    That  it  shall  be  th^uty  of  the  tax  collec- 
tors when  collecting  the  taxes  leviecy  this  ordinance  until 
the  assessors  shall  make  other  assesonts  of  personalty,  to 
assess  the  said  tax  of  three  per  cent.ion  all  money  owned 
or  controlled  liy  the  inhabitants  of  t  State  aTid  deposited 
loaned  (n-  employed  without  the  liminf  this  State  or  kept 
from  use  and  circulation  Avithin  the  s;c  at  any  time  during 
the  fiscal  year,  and    to   require  suchhabita'nts  to  give  in 
the  said   assessment  under  oath  to  Kdministered  by  said 
tax  collectors,  and  to  return  one  oo]i)f  said  assessment  to 
the  Board  of  Police  of  the  proper  coiy   and   one   to    tho 
Auditor  of  Public  Accounts,  and  fjiousuch  inhabitant  fa'I 
or  refuse  to  give  in  said  assessmenl  tlisaid  collectors  shall 
levy  and  collect  from  such  inliabitjnt  c  sum  of  • 
Provided,  that  the   tax  collector|=fha  for  their  compensai 
tion  for  collecting  the  taxes  raiseaiy  is  ordinance  receiVo 
three  per   centum  upon  the  amcjit  dlected  from  the  tax 
payers  and  nothing  for  receiving  c  mounts  that  shall  be 
paid  by  the  Boaid  of  Police  in  dihar;e  of  the  eaid  tax  of 
50  per  centum.  I 

C-.16 


r-i 


to  be  /Hoctcd  and   ])aid  over  as  lierein 


tl/followiiiu'  auieiulmciit  to  section 


Sec   —     That  each  assessor  of  taxes  hi  this  State  in  all 
pubsequcnt  assessments  for  taxcsiintil  said  treasury   notes 
arc' paid  shall  roqair<'  each  hihabtant  of  his  county,  to  ren- 
der on  oath  to  be  bv  hiui  adniinifcred,  the  amount  of  money 
owned  or  controlled  bv  him.  lud  deposited,  loaned,  or  em- 
ployed in  the  purchase  of  notes/jiUs,  bonds,  stocks  mortga- 
ges or  any  securities  for  tiie  payncnt  of  monies  without  the 
limits  of  this  State  or  kept  fror  iLse  and  circulation  within 
tlie   same    at  anv   time  duriiV  the  fiscal  year  as  aforesaid, 
and   should  said'  tax   payer /ail   or   refuse  to  render  said 
amount  or  take  said  oath,  /en  said  assessor  shall  assess 
acrainst  him  or  her  the  su^of  ?o,0()0,  as  taxes  lor  money 
dSpositod.  loaned,  or  empVfl  without  tlio  State  or  kept 
from  use  and  circulation  >thin  tlie  same  as  aforesaid,  and 
which   sum  so   assessed  s\ll  bo.collected  and  paid  over  a*5 
other   taxes   are 
before  provided. 

Mr.  Jones  offered 
first, 

Which  was  lost :',.,.,  , 

Provi<k<l  that  the  paf  niakiuo-  Ins  or  her  returns  to  the 
assessor  as  herein  reqii^d,  on  money  loaned  or  controlled 
in  or  out  of  this  State,  sl|l  l)e  allowed  a  deduction  or  credit 
on  the  amount  of  his  o^cr  money  taxed,  to  the  extent  of 
his  or  her  own  indcbtfiess  to  other  parties  at  the  date  of 

said  return. 

Mr.  Alcorn  moved  t  trike  out  section   9tii  and  insert  m 

lieu  thereof  the  follo^^i• : 

Which  was  adopted  ,     .  ,  „ 

That  the  sum  of  t\vfy-h\e  liundred  dollai'S  is  hereby  set 
aside  from  anv  moneji'  the  State  Treasury,  not  otherwise 
ai)propriated,  to  defr  the  expense  of  engraving,  issiiing 
and  nc-otiating  saic^'^crtificatcs  or  notes — the  Auditor 
shall  issue  his  warraifor  such  sum  within  said  maximum 
as'thc  Governor  ma;^crtify  as  necessary— to  bo  supplied 
for  entcraving  and  \\lotlic  compensation  foi-  negotiating 
and  labor  performed  ,'  he  assistants  of  this  State  shall  be 
fixed  by  the  Legislat^-the  same  not  to  exceed  the  appro- 

yriation.  ^  ,1      .  ,  ,  n 

Mr.  George  offerei  til  following  amendment  byway  of 

additicmal  sections. 

Which  was  adoptc ,  '-wit  : 

j^£Q_  ^  jrj>e  U  frt>'   wdainerl.  That   immediately   on 

the  passage  of  this  opncc  each  Sherifl'  and  Tax  Collector 
in  this  State  shall  exW  a  bond,  with  good  security,  pay- 


73 

able  to  the  State,  and  in  a  penalty  equal  to  the  present  State 
tax  of  his  county,  and  conditioned  for  the  due  and  faithful 
performance  of  the  duties  inij)o.-'ed  on  him  by  this  ordinance, 
which  said  bond  shall  ho  approved,  filed  and  recorded  in 
the  same  manner  as  Sheriifs'  bonds  are  now  required  by  law 
to  be  approved,  filed  and  recorded. 

Sec.  — .  Be  it  further  ordained,  That  if  any  Sheriff 
shall  fail  to  execute  said  bond,  with  security,  as  provided  in 
the  last  preceding-  section  of  this  ordinauce,  by  the  1st  day 
of  March  next,  his  office  shall  thereby  become  vacated,  and 
the  vacancy  thereljy  occasioned  shall  be  filled  as  other 
vac4incie3  in  the  offices  of  Slieriff  are  now  required  by  law 
to  be  filled. 

On  motion  of  Mr.  \V right,  the  ordinance  as  amended  was 
ordered  to  be  engrossed  and  made  tlie  special  order  of  the 
dav  for  10  o'clock  ttvinorrow  morning. 

^Ir.  Barksdale  from  the  Committee  on  Enrolled  Ordi- 
nances, reported  the  Kesolutions  on  Southern  Confederacy 
correctlv  enrolled*. 

Mr.  ftarris,  from  the  Committee  on  Federal  Jurisdiction 
and  Property,  i-eported  an  ordinance  supplemental  to  an 
ordinance  com'erning  the  jurisdiction  and  property  of  the 
United  States  of  America  in  the  State  of  ^Mississippi,  passed 

on  the day  of  January.    1861,   and   recommended  its 

passage. 

Which  was  received  and  agreed  to. 

On  his  motion,  the  ordinance  was  made  the  special  order 
of  the  day  for  ?»  o'clock  to-morrow. 

Leave  of  absence  was  granted  Messrs.  Chalmers,  Deason, 
Ramsey,  Myers  and  Tison. 

On  motion,  the  Convention  adjourned  until  3  o'clock  p.m. 

THREE   o'clock   P.    M. 

• 

Tlie  Convention  met  pursuant  to  adjournment. 

Mr.  Brantlev  submitted  an  ordinance  relative  to  the 
"  disbursment  of  the  Military  Fund." 

Which  on  his  motion,  was  made  the  special  order  for  3 
o'clock  to-morrow. 

On  motion  of  Mr.  Glenn,  the  Convention  then  took  np 
the  report  of  the  Committee  on  Southern  Confederacy. 

Mr.  Glenn  offered  the  following  amendments,  which  ^cro 
adopted,  to-wit : 

Amend  the  first  section  by  inserting  in  third  line  after  the 
word  "  appoint"  the  word  "  immediately." 
C— 17 


74 

After  the  wdrd  election  iu  second  section,  third  liue, 
insert  the  word  ''  immediately.'' 

Amend  third  section  by  inserting  aftei-  the  word  election, 
in  the  3d  line,  the  word  "  immediately.'' 

Add  the  following  section  : 

Sec.  4.  That  all  laws  providing  fur  the  election  of 
Senators  and  Representatives  in  the  Congress  of  the  United 
States,  are  hereby  annulled  so  far  as  they  autliorize  the 
election  of  Senators  or  Representatives  in  the  said  Con- 
gress ;  but  such  laws  shall  continue  in  force  so  fai-  as  to 
authorize  and  regulate  the  election  of  Senators  and  Repre- 
sentatives in  the  Congress  of  any  new  Confederacy  or 
Government  of  which  this  State  may  become  a  member. 

Mr.  Ellett  olfered  the  following  amendment : 

Amend  by  striking  out  the  first,  second  and  third  sections, 
and  inserting  in  lieu  thereof  the  following  : 

Amend  by  striking  out  all  after  the  word  "  Resolved,''  in 
the  first  line,  and  insert  the  following.  to-\vit: 

That  Jefi'erson  Davis  and  Albert  G.  Brown,  be  and  tliey 
are  hereby  appointed  Senators  to  represent  the  State  of 
Mississippi  in  the  Senatorial  branch  of  any  Congress,  or 
other  legislative  body,  of  any  Confederacy  or  Government 
to  be  formed  between  the  State  of  Mississippi  and  other 
States,  as  contemplated  by  the  action  of  this  Covention  ; 
and  that  they  hold  their  office  until  the  end  of  the  next 
regular  or  called  session  of  the  Legislature,  when  their  suc- 
cessors shall  be  chosen  in  the  manner  now  provided  by  law 
for  the  election  of  Senators  in  the  Congress  of  the  United 
States  ;  and  should  any  vacancy  occur  in  tiie  meantime,  the 
Governor  shall  make  an  appointment  to  fill  such  vacancy. 

Sec.  2.  That  Reuben  Davis,  Lucius  Q.  C.  Lamar,  Wil- 
liam Barksdale,  Otho  R.  Singleton  and  John  J.  McRae,  be 
and  they  arc  hereby  appointed  Representatives  of  the  State 
of  Mississippi,  in  the  Representative  liranch  of  any  Con- 
gress, or  other  legislative  body,  of  any  Confederacy  or 
Government  to  be  formed  between  the  State  of  ]Mississippi 
and  other  States,  as  contemplated  by  the  action  of  this 
Convention  ;  and  that  they  hold  their  office  until  superseded 
by  election  to  be  held  in  the  manner  hereinafter  provided  ; 
and  if  a  vacancy  shall  happen,  or  if  the  State  shall  be 
entitled  to  more  than  five  Representatives,  such  vacancy  or 
deficiency,  shall  be  filled  for  the  unexpired  term,  by  a  special 
election,  to  be  ordered,  conducted  and  returned  in  the 
manner  directed  hj  law  for  filling  vacancies  in  any  State 
office. 


holding  the  next  regular  State  olectioii,  fnt'  tho  iiumbcf  of 
Representatives  to  which  this  State  may  be  entitled  in  the 
Congress  of  any  new  Coufederacy  or  (joverument  of  which 
the  State  may  become  a  member,  to  hold  for  such  term  as 
the  Coustitutiou  of  such  Confederacy  may  prescribe ;  if 
entitled  to  live  Represeutatives.  the  election  shall  be  by 
Districts  as  now  established  by  law  ;  but  if  the  number  of 
Representatives  to  which  the  State  is  entitled  be  increased 
above  five,  then  one  shall  be  chosen  in  each  District  as  now 
organized,  and  the  additional  number  shall  be  chosen  by  the 
electors  of  the  State  at  large  ;  and  if  the  number  of  Repre- 
sentatives be  diminished,  then  the  whole  number  shall  be 
chosen  by  the  electors  of  the  State  at  large  ;  but  the  Legis- 
lature may  in  the  meantime  reorganize  the  said  Districts,  and 
increase  or  diminisli  the  stwne  if  necessary,  and  the  election 

shall  be  held  accordingly.  j 

The  yeas  and  nays  being  called  for,  the  amendment  WES' 
adopted  by  the  following  rote  : 

Yeas. — Mr.  President,  Barksdalc,  Backstrom,  Booth, 
Brooke,  Benton,  Berry,  Bonds,  Clayton  of  Marshall,  Catch- 
ing, Cummings,  Clap}),  0,  Davis,  Dease,  Eckford,  Edwards, 
Ellett.  Fizer,  George,  Gholson,  GAvin.  Herring,  Holt,  Isom, 
Johnston  of  DeSoto,  Keirn,  Keith,  Kennedy,  Lea,  Lewei's, 
Marshall,  McGehee  of  Bolivar,  McGehce  of  Panola.  Miller 
of  Pontotoc,  ]Miller  of  Tunica,  Neely,  Nelson,  Parker, 
Pattison,  Powell  of  Covington,  Powell  of  Jones,  Ramsey. 
Roberts,  Rogers,  Scmmes,  Smart,  vStevcns,  Terral,  Taylor, 
Vaughan.  Walter.  Welsh,  Witty,  AVoods  and  Wright — 55. 

Nays. — Messrs.  Aldridge,  Brantley,  Beene,  Blair,  Boiling, 
Clayton  of  Lowudea,  Douglas,  Flournoy,  Fontaine,  Glenn, 
Gibson,  Harris,  King.  Reynolds,  Sanders,  Sumner,  Thomp- 
son and  Woods — 18. 

On  motion  of  Mr.  Orr,  the  Ordinance  as  amended  was 
ordered  to  be  engrossed  and  made  the  special  order  for  7 
o'clock  this  evening. 

^fr.  Holt  offered  the  following  resolution  : 

Bcsolved,  That  all  officers  in  the  military  service  of  the 
late  United  States  who  have  or  shall  hereafter  resign  their 
commissions  in  said  service  and  shall  eidist  in  the  military 
ser-sice  of  the  State  of  ]\Iississippi  shall,  until  in  actual 
service,  receive  such  pay  as  their  rank  entitles  them  to 
receive  at  the  time  of  said  resignation. 
C-18 


7(> 

On  motion  ol"  ^Ir.  Flournoy.  the  resolution  Avas  laid  on 
the  table. 

On  motion  of  Mr.  C'lapi).  the  Postal  Ordinance  was  taken 
up. 

Mr.  Clapp  oftered  the  tollowinu"  aniendiiieiu  : 

Amend  Sec.  1,  by  adding  thereto  a.s  Ibllow.s  : 

And  all  laws  passed  and  regulations  made  by  the  authori- 
ty of  the  United  States  which  are  in  eordliet  with  such  pos- 
tal arrangements  as  may  be  adopted  T)y  the  (jrovernor  and 
officers  of  State  aforesaid,  in  the  conting-ency  herein  ])rovided 
for.  are  hereby  repealed  and  annulled. 

Which  was  adopted. 

Mr.  Clayton  of  Marshall  oiTered  the  t'ollowing  amend- 
ment : 

In  Sec.  1,  line  4,  strike  out  the  words,  "and  his  council/' 
and  insert  the  words  the  Secretary  of  State.  Auditor  of 
Public  Accouuts,  Treasuer  and  Attorney  General. 

And  same  amendment  in  Sec.  2,  line  2.  ^ 

Pending  further  action,  the  Ordinance  and  ameudnientt* 
were  recommitted  to  the  committee. 

Mr.  Benton  offered  the  following  resolution  : 

jResolved,  That  the  Governor's  Council  be  instructed  to 
report  an  Ordinance  providing  for  a  permaneut  Council  of 
the  State,  of  three  in  number,  and  defining  tlie  duties  of 
said  counsellors,  and  })roviding  a  reasonable  com])ensation 
for  their  services,  .said  counsellors  to  contiTnie  in  office  until 
n  Southern  Confederacy  is  established. 

Mr.  Fontaine  offered  the  following  amendment  : 

Strike  6ut  that  portion  of  resolution  which  refers  to 
''compensation"  of  counsellors. 

Which  was  adopted. 

The  question  was  then  taken  on  the  adoption  of  the 
resolution  as  amended  and  decided  in  the  affirmative. 

Mr.  Clayton  of  Marshall,  offered  the  following  resolution 
which  was  referred  to  the  Committee  on  Postal  Afft^irs,  to- 
wit  : 

Resolved,  That  an  officer  be  appointed  by  this  Convention 
to  be  called  the  Postmaster-General  of  the  State  of  Missis- 
sippi, whose  office  and  duties  shall  commence  when  the 
present  postal  system  is  abolished,  with  powers  to  provide 
mail  facil ties  for  this  State,  and  to  that  end,  that  he  be 
invested  with  power  to  make  contriftds  and  raise  the  rate  of 
postage  to  meet  the  wants  and  requirements  of  that  service. 

Mr.  Ellett  offered  the  following  resolution,  which  was 
adopted,  to-wit : 


i  i 

Jiesolved  hy  ihe  Pcopk  of'  Jj/ssis.sippi  in  Convention  As- 
sembled, That  tlio  delegates  to  the  General  Com-ention  of 
the  seceding-  States,  be  entitled  to  receive  the  same  compen- 
sation and  mileage  .now  allowed  by  law  to  menibeivs  of  the 
Legislature,  the  mileage  to  l)C  computed  by  the  estimated 
distance  from  the  residence  of  the  delegate  to  the  place  of 
meeting  of  said  Convention,  l)y  the  most  direct  route  of 
travel  ;  and  the  Auditor  shall  issue  his  warrant  therefor, 
on  the  written  stntenient  liy  each  delegate  of  tlie  amonnt 
due  hiin. 

Mr.  Verger  ofiei'cd  the  following  resolution,  which  was 
referred  to  the  Committee  on  Postal  Affairs,  to-wit : 

Besolvc(h  That  the  Committee  on  Postal  Affairs  be  and 
.they  are  hereby  ■  instnu'ted  to  report  an  Ordinance  for  the 
issuance  of  Post  office  stamps  and  tlie  rate  of  postage  to  be 
stauijx'd  on  the  enve1o]tes  so  that  all  postal  matter  may  be 
prepaid  before  its  transpoi-tation  or  conveyance  Ijy  mail  ; 
])rovided  that  such  Ordinance  shall  not  go  into  etfcct  nor  bo 
in  forofi  unless  tlic  ])resent  p<.)stal  service  1)0  suspended  or 
su})erseded  by  Congress. 

On  motion,  the  Convcntio)vadiournf'<l  until  10  o'clock  to- 
morrow morninii'. 


SATURDAY.  January  26th,  1861. 

''Convention  met  pursuant  to  adjoununcnt. 

Journal  of  })rec(^eding  day  I'cad  and  approved. 

Messrs.  l>yor  and  Colliert  ashed  and  obtained  leave  of 
al)sence. 

Mr.  Ki-ooke  from  Ihc  Conunittce  on  Citizenship  reported 
An  Ordinance  to  regulate  the  right  of  citizeusliip  in  the 
'State  of  Mississippi,  and  recommended  its  passage. 

The  report  Avas  received  and  agreed  to. 

On  motion  of  iMr.  Brooke,  the  rule  was  snspen(kNl.  the 
Ordinance  read  a  second  time  and  passed. 

Ordered  that  tht^  title  stand  as  stated. 

Mr.  Fontaine  moved  that  the  Convention  go  into  secret 
session. 

Which  was  adopted. 

'The  injunction  of  secresy  was  removed  from  tlu^  following 
proceedings  had  in  secret  session. 


Tl 

Mr.  itolt  oiBred  the  followlog  ycoolutton  i 

Resolved,  That  in  the  opinion  of  this  Convention  it  is  not 
the  purpose  or  policy  of  the  people  of  the  StAte  of  Missisaip- 
pi  to  r-eopen  the  African  f;lavc  trade. 

Mr.  Miller  of  Pontotoc  moved  to  lay  the  resolution  on 
the  table — the  yeas  and  nays  being  demanded,  the  motion  to 
lay  on  the  table  was  lost  by  the  following  vote  : 

Yeas. — Messrs.  Barksdale,  Backstrom,  Brantley  Beene, 
Bullard,  Catching,  Cummings,  Clapp,  Deasc,  Douglas,  Eck- 
ford,  Ellett,  Fontaine.  George,  Gholson,  Gwin,  King, 
McGehee,  Miller  of  Pontotoc,  Miller  of  Tunica,  Neely,  Pat- 
tison,  Semmes,  Terral.  Witty,  Woods — 20. 

#f  AYS, — Mr.  President,  Messrs.  Alcorn,  Anderson,  Ald- 
ridge,  Baldwin,  Booth,  Brooke,  Benton,  Berry,  Bonds, 
Boiling,  Clayton  of  Marsliall.  Clayton  of  Lowndes,  0. 
Davis,  Edwards,  Fizer,  Flournoy.  Glenn,  Gibson,  Harris, 
Holt,  Hurst,  Isom,  Johnston  of  DeSoto,  Keirn,  Keith, 
Kennedy,  Lea,  Lamar,  Lewers,  Marshall,  Nelson,  Orr,  Par- 
ker, Powell  of  Covington,  Roberts.  Rogers,  Reynolds, 
Sanders,  Smart,  Sumner,  Stevens,  Taylor,  Thornton,  Thomp- 
son, Walter,  Welsh,  Wright,  Yerger,  Young — 50. 

The  previous  question  being  moved  and  sustained, 
The  question  was  then  taken  on  the  adoption  of  the  reso- 
lution, and  decided   in  the  affirmative  by  yeas  and  nays  as 
follows  : 

Yeas. — Mr.  President,  Messrs.  Alcorn,  Anderson,  Ald- 
ridge,  Baldwin,  Booth,  Brooke,  Benton,  Berry,  Bonds, 
jBolIing,  Clayton  of  Marshall,  Clayton,  of  Lowndes,  Catch- 
ing, Clapp,  b.  Davis,  Dyer,  Douglas,  Eckford,  Edwards, 
Ellett,  Fizer,  Floiu-noy,  Fontaine,  Glenn,  Gibson,  Gholson, 
Gwin,  Harris,  Herring,  Holt,  Hurst,  Isom,  Johnston  of 
DeSoto,  Keirn,  Keith,  Kennedy,  Lea,  Lamar,  Lewers, 
Marshall,  McGehee  of  Bolivar,  M'cGehce  of  Panola,  Miller 
of  Tunica,  Nelson,  Orr,  Parker,  Pattison,  Powell  of  Coving- 
ton, Roberts,  Rogers,  Reynolds,  Sanders,  Semmes,  Smart, 
Sumner,  Stevens,  Taylor,  Thornton,  Thompson,  Yaughan. 
Walter,  Welsh,  Wright,  Yerger,  Young— 66. 

Nays. — Messrs.  Barksdale,  Backstrom,  Brantly,  Boene, 
Bullard,  Cummings.  Dcase,  George.  King,  Miller  of  Ponto- 
toc, Neely,  Witty.  Woods— 13. 

The  doors  of  the  Convention  being  opened,  Mr.  Glenn 
offered  the  following  resolution  : 


79 

Reeved,  That  when  this  Convention  adjourns,  that  it 
do  90  subject  to  be  reassembled  upon  the  call  of  the  Presi- 
dent of  the  same  whenever  in  his  judgment  the  public 
necessities  may  require  it.  nnd  in  case  of  the  death  or  resig- 
nation of  that  officer,  then  u})on  the  call  of  a  majority  of  a 
Committee  of  three  now  to  be  named  by  the  President,  and 
unless  reassembled  on  or  before  tbe  1st  Monday  in  June,  A. 
D.,  1861,  then  and  in  tliat  case,  it  shall  stand  adjourned  mie 
die. 

Mr.  Ycrger  offered  the  folhnving  amendment : 

Amend  by  striking  out  all  in  tlie  resolution  after  the  word 
"adjourns"  and  inserting  "that  it  adjourns  sitte  die  not  sub- 
ject to  be  reassemble  by  the  order  of  the  President  thereof 
or  the  Governor  of  this  State. 

On  motion  of  Mr.  Glenn  tlie  amendment  was  laid  on  the 
table,  upon  a  call  of  the  yeas  and  nays  as  follows  : 

Yeas. — Mr.  President,  Messrs.  Alcorn,  Anderson,  Barks- 
dale,  Booth,  Brantley.  Bi-ooke,  Blair,  Berry.  Catching,  Clapp, 
0.  Davis.  Dease,  Douglas,  Eckford,  Fizer.  George,  Glenn, 
Gibson,  Gwin,  Harris,  Herring,  Keirn,  Keith,  King,  Lea, 
Lamar,  McGehee  of  Bolivar,  McGehee  of  Panola,  Miller  of 
Pontotoc,  Miller  of  Tunica.  Neely,  Nelson,  Orr,  Powell  of 
Covington,  Roloerts,  Sanders.  Semmes.  Smart,  Sumner,  Ter- 
ral,  Tavlor,  Thompson,  A^aucrhan,  Walter,  Welsh,  Witty, 
Woods^  Weight— 50. 

Nays. — Messrs.  Aldridge,  Baldwin,  Backstrom,  Beene, 
Bonds,  Boiling,  Bullard.  Clayton  of  Lowndes,  Cumrajngs, 
Flournoy,  Fontaine,  Gholson,  Holt,  Isom,  Kennedy,  Lewers, 
Marshall,  Parker,  Pattison,  Rogers,  Reynolds,  Stevens, 
Thronton,  Yerger,  Young — 25. 

Mr.  Miller  of  Pontotoc  offered  the  following  amendment, 
which  was  adopted. 

Strike  out  "1st  Monday  in  June,"  and  insert  "1st  Monday 
in  October." 

The  question  Avas  then  taken  on  the  adoption  of  the 
resolution  as  amended,  and  decided  in  the  affirmative. 

The  President  appointed  as  said  committee,  raised  under 
the  resolution  of  Mr.  Glenn, 

Messrs.  P.  S.  Catching.  A.  P.  Hill  and  W.  P.  Anderson. 

Mr.  Ellett  offered  the  folly  wing  resolution  : 

Resolved  by  the  people  of  the  State  of  31ississip2ji  in  Con- 
vention assembled,  That  the  reconstruction  of  the  Union  of 
the  United  States  of  America  is  impracticable  and  undesira- 


80 

hie,  and  ilial  lu'rc'it'trr  .\ii.^.-i-.-ii>[)i  oiiuht  to  ooiifederato  only 
with  Stiiltw  luiviim-  similai;  doincHitie  iustiUitioiis  to  herovru. 

Mr.  IJerrv  moved  to  lay  tlio  i-osiolutioii  on  tlie  table.  [. 

The  }ea.s  and  nay.'^  beinsr  called  for.  the  iT-idiitlon  vvas.h 
tabled  l)y  the  followinsr  vote  :  n 

^'Yeas.-I— Mr.    Prosideni.    Mes.sre.  •  iibidei-^Oit,    Baldwiu,") 
Brantley.  Brooke.  Boene.  Blair.  Berry.  Bonds.  Bollina'.  Biilnw 
lard.   Clayton  of  Lowndes.  Cuumiings,   (.).  i)a\is,  ]^ouglas,il 
Fizer,  Fh^rnoy.  Herring,  J.soni.  Jolinstoii   of  DeSoto,  Keith. l- 
Kennedy,  King.  Lea.   Lninar,   Lewers.  Marshall,-  MeOehee, 
of  Bolivar.  Parker.  Powell  of  Covington.  Keynolds.  Sander.^. 
.Sumner,   Stevens*.    Terral.    Taylor,   Thornton,    I'hompf^ou, 
Taughan.  Walter.  Witty.  Wright.  Yero-ci-  and  Vonng. — 44. 
Xayks. — Messrs^.  Alcorn.  AhJiidge.  Bark.sdale,  Baekstroni, 
Catching.  Olapi).  Dease.  Eckford.  EUelt.   Fontaine,  (leorge. 
Glenn,  (xibson,  Ghol;<on.  (hvin.  Harri,<,    Keirn.   Lewi^,  ^lo- 
G^lice  of  Pan(da.    .Miller   of  Pontotoc,    Millei-   of  Tunica, 
Xeelv,   Nelson,  Orr.   Pattison,   Roberts.'  Rogers,   Seinmes, 
Smart.  Welsh  and  Woods.— 32.  '  '■  U 

O 

On  niotion  of  Mr.  Brantley,  the  Con^■ention  took  up  tho^ 
ordinance  entitled  '"  An  Ordinance  to  provide  for  surveys! 
and  fortificatious  of  inilifarv  sites  witliin  the  State  of^lis*-! 
sippi.-  ^ 

Mr.  Brantley  moved  to  amend  ))y  striking  out  the  words 
"  Crovernor  and  Council''  where  they  occur,  and  substitut<> 
therefor  the  word  "Legislature,'" 

Which  amendment  was  adopted.  =•  ■' 

On  motion  of  Mr.  Brantley,  the  rule  was  suspended,  thM 
f)rdinance  read  a  second  time  and  ])assed  as  amended,"    •*"?''' '^ 

Ordered.  That  the  title  stand  as  stated.  -.xhiOtifT 

Mr.  Walter  moved  to  reconsider  the  vote  by  whicli  the 
Convention  lixed  the  hour  of  2  P.  M.  for  adjouinmcnt.    '' 

Which  was  carried. 

On  motion  of  Mr.  Harris,  tiie  Convention  took  up  the 
ordinance  entitled  "  An  Ordinance  sup])lemental  to  an  ordi- 
nance concerning  the  jurisdiction  and  property  of  tlic  Tnited 
States  (d'  Amei-ica  in  the  State  of  Mississippi." 

Mr.  Clayton  of  Lowndes,  offered  the  follovriiig  amcMid- 
ment :  .  -* 

Provided,  That  notliing  herein  contained  shall  impair  the 
right  of  any  ])erson  having  title  to  pre-emption,  according 
to  the  laws  of  the  United  States,  in  force,  on  the  Otli  day  of 
January,  18GL 

Which  Avas  adopted. 


81 

On  ni*)tioii  of  Mr.    JTavris.  tlic  rulo    wa?   sn^^pendcd,   the 
ordinance  ^•••didsa  seooiid-timf^and  yta^Jed.'OSffimondcd. :    •  :  ". 

Ordered,  Tlmt  the  (itic  siinid  a-  stateti.  .     '     ■ 

On  nuttioii  of  Mr.  Wvkdit,  tli"  rrtnv(»nti(iaii't)6(ik  up  the 
ordinfiiwt- m)1il!f'd:'f5A1ri.'OvM  -  '.  r  ihe 

delV'iis^o  of  die  State"  '•' 

.^Mr.  Atidl'rson  oli'eml '  lli«*  lodowiiiv;  i^jiit'iuhiuint  Lry  .way 
additional  f-JctioTt.  \Vhidi«wivirtdopte<l;-'lo»\vit-:  ••     •■  -'  ''■■-' 

Sec.  —  Thnt  the  tax  now  iin[)0.sed  by  the  present  revenue 
hnv  iin  nion.oy  loaned  at  inl^^^-e^t  })e  so  amended  or  construed' 
as  tio  inolnd(>  nil  irww«raiH(id  iJii'illift-t  mft\>. have' been. ufc;ed;6r 
finployod  I.    :    '       lo?H)*'i(:!i  in  the  pnrclia&e  of 

notes.  bili>       ■  »•     -hot.  Ik^,,.  'nritie.?  during  tlic 

])a3t  Hseal  ye-a.r.  ajulM he  parties  s<i  >n('!n-og'al<'d  -^hall  aiidw*-!!-. 
under  oatii.  1o  be   adiuini-UM-ed    !>y  lhO"'J'ax    ToHcetory  and*', 
all  uioiiey  so' uped'  ■or  (?inph»v(i#l.'  m)t3lier(vtotbro  assessed .fis^ 
money  iGahed  nt  intei(>.<t.. .shVlV  l^e^(a^*^^  tlii^eo'tonth-  ofotie 
per  cent. 

-  Oft  inotio!.  of  .Mv.  AVriuiit.   iho  rule' was' >usf)iL'nded,.'Oie 
oi'dinanee  icad  »  fecoud  time  e.nd  ])a^-.s??d  fis  amended.'  .nuvu^. 

Mr.  (Mapp,  from  the  Comniittee  on  {*o>:ia!'AlVairs.  reported 
an   ordinaiir-e  I'oi-  po.-tal    arranLT n;(^nt>i  in -,  "Mi^.-ii^ivt])!.  and 
reeommendcd  it.^  jta.ssaee.' 
.  Which  wa.'^  received  and  a.u'roeil  lo. 

•'Mr.  €la.pp  mowd  to  amend  tbv'flliin.u' the^ blank  iu  Iho' 
lirst  section  of  tlii'  ordinari:-''  \,';'  '.'  vor-' ■  tyrenty-iivo-j 
iuMidred.  •''! 

Mr.  Wrio-hi  UMV.cdlo  ainfMud  l)y  tillina'  'ii^'  bh\nk  with  the 
words '■  t(Mi  thousand;"":"     ':'       ■'         ■        -  '^^ 

The   question  \va,s   first  l4ken   oii  tlie  v adoption   of.  Mr*^ 
Wright's  amendmcut.  and  (kx'ided  in  the  uejrative.  .^  '■' 

The  amendment  of  Mr.  Clap])  was  then  adopted. 

Mr.  Clap])  moved  to  fill  thr  hlnnlc  in  the   second  section 
with  the  Avord  "  (piintupV."'  •'"•• 

Which  was  adopted. 

On  motion  of  ^fr.  ('lanp.  tiie  blank   in  (h<'   third  section 
was  tilled  with  the  words'"  one  hundred  lliousand  dollarp/"; 

The  ordinance  as  aiftendcd  was  then  pa.^sed.         '.     -      --'i 

Ordered.  That  the  title  stand  as  stated.  /'-'^ 

On  molfon  of  Mr.   Miller  of  PontotfSc.   the  Convon I  ion- 
took  u])  the" re]>ort  of  the  Conmiittee  on  State  Constitution.! 

Mr.   Miller,   of  Pontotoc,  moved  "to"  {imend'liy   way  ol' 
additional  section.  ....»•     i 

Which  was  ado]ited.  '     '' 

'On  motion  of  Afr.  ]\filh"r  of  Pontotoc,  the  rule  was   sJi?' 

•c"  i 


82 

pcuded,  the  ordinance  read  n  second  time  and  passed  ae 
amended. 

Ordered.  That  the  title  )»e  ns  follows  : 

'•  An  ordinance  to  amend  the  Constitution  of  the  State  of 
Missis;^ippi  in  certain  particuhirs." 

Mr.  Miller  of  Pontotoc,  made  the  followinj^  report,  whicli 
on  his  motion  was  received  and  agreed  to.  to-wit  : 

Mr.  I'hksidkxt  : 

The  Committee  on  the  State  Consiitution  have  had  under 
consideration  an  ordinance  to  amend  the  Constitution  of  the 
State  in  relation  to  the  powers  of  the  Legislature,  and  have 
instructed  me  to  report  the  same  to  the  Convention  and  to 
recommend  its  adoption. 

Mr.  Anderson  moved  to  lav  the  ordinance  on  the  table, 
Which  motion  jirevailed  })y  yeas  and  nays  as  follows  : 

Ykas.— Mr.  President.  Messrs.  Anderson.  Baldwin,  Back- 
strom,  Booth,  Brantley,  Berry,  Boiling,  Clayton  of  Marshall, 
Catching,  Clapp.  0.  Davis,  Dease,  Douglas'  Eckford,  EUett, 
Edwards,  Fizer.  Flournoy.  Fontaine,  George,  Glenn,  Gholson, 
Gwin,  Harris,  Isom,  Johnston  of  DeSoto,  Keith,  Kennedy, 
Lea.  Lewers,  Marshall,  McGehee  of  Panola,  Miller  of  Tunica, 
Neely,  Orr,  l^irker,  Pattison,  Powell  of  Covington,  Powell 
of  Jones,  Reynolds,  Sanders,  Semmes,  Sumner,  Stevens, 
Terral,  Taylor,  Thompson  and  Welsh. — 49. 

Nays. — Messrs.  Aldridge,  Barksdalc,  Brooke,  Bonds, 
Ballard,  Clayton  of  Lowndes,  Gibson,  Herring,  Holt,  Keirn, 
IjCwIs,  Miller  of  Pontotoc,  Nelsson,  Roberts,  Thornton, 
Walter  and  Yergor. — 17. 

Mr.  Waltei-  offcreil  the  following  resolution,  which  WOS 
adopted: 

Besolvod,  That  the  Secretary  of  the  Convention  forward 
to  each  member  of  the  Convention  two  copies  of  the  ordi- 
nance in  reference  to  revenue,  heretofore  ordered  to  be 
printed,  wIumi  the  same  is  printed,  and  that  said  Secretary 
have  printed  immediately  three  hundred  additional  copies  of 
said  ordinance,  and  that  as  soon  as  the  same,  are  printed, 
tiiat  he  forward  two  copies  of  the  same  to  the  Sheriff  and 
Assessor  of  Taxes  of  each  county  in  this  State. 

On  motion  of  3Ir.  Anderson. 

JicmU-fd ,  That  the  Address  herewith  setting  forth  the 
declaration  of  the  immediate  causes  which  induce  and  justify 
the  secession  of  Mississippi  from  tlie  Federal  Union  and  the 


V 


Ave.  ,      , 

The  t^resident  appoilited  its  isaid  coiiiiiutteb, 

Messrs.  A.  M.  Clayton,  W.  P.  Anderson,  I).  (1.  Glomii  L. 
Q.  C.  Lamar  and  J.  L.  Alcorn. 

Mr.  Barksdale  subnittted  a  resolution  with  the  following 
title  : 

Resolutions  to  provide  for  publishinfr  the  Ordinanoot^  aiid 
Journal  of  the  (convention. 

Mr.  Fontano  moved  to  amend  l)y  striking  out  the  word 
^'  Resolutions"  and  substitute  the  words  "  An  Ordinance.'' 

Which  was  adopted. 

Mr.  Rogers  offered  a  substitute  for  the  ordinance,  which 

On  motion  of  Mr.  George,  was  laid  on  the  table. 

On  motion  of  Mr.  Inirksdiale,  tlio  rule  was  suspended,  tlie 
ordinance  read  :i   •f*<-niid  time  and  passc<l  as  amended. 

On  motion  of  Mv.  i).  Davis, 

Re-solva^,  That  Mr.  J.  L.  Power  l>e  allowed  the  sum  of 
four  dollars  per  day,  during  the  session  of  this  Convention, 
for  the  rc})orts  of  its  pro  ■codings  wliich  have  a|i[)earcd  in 
the  Daily  3/?.v.v/.s.sj'/>/;k/». 

Mr.  Miller  of  Pontotoc,  submitted  the  following  rejMDrt : 

Mr.  President  : 

The  Committee  on  the  State  Constitution  to  wliich  was 
referred  "  An  ordinance  in  reference  to  the  power  of  the 
Legislature  of  tiie  State  of  Mississippi.''  proposing  to  confer 
uponthe  Legislature  power  to  alter  or  abolish  ordinances  of 
this  Convention,  with  certain  exccj^tions,  have  had  tlie  same 
under  consideration  and  have  instructed  me  to  report  the 
same  back  to  the  Covcntion  with  the  recommendation  that 
it  be  not  adopted.  Sec. 

On  motion  of  Mr.  Miller  of  Pontotoc,  the  report  was 
received  and  agreed  to. 

On  motion  of  Mr.  Glenn,  the  Convention  took  up  the 
resolutions  to  provide  for  the  representation  of  the  State  of 
Mississippi  in  the  Congress  of  a  Southern  Confederacy. 

On  motion  of  Mr.  Gleim,  the  rule  was  suspended,  the 
rcvsolutions  read  a  second  time  and  adopted. 

Mr.  Marshall  offered  the  ibllowing  resolutions,  and  moved 
their  adoption,  to-wit : 

Jicsdved,  That  the  proposition  ol"  the  Mayor  and  Council 
of  the  City  of  Vicksburg  for  the  erection  of  an  Arsenal 
near  that  city,  be  and  the  same  is  hereby  recommended  to 
the  favorable  consideration  of  the  ^Military  Board  ;  and  if 


tlicy  deem  it  (\\[tOilic'ni  ;o  establish  an  Arsenal  at  that  place, 
tliey  are  licn-ltv  anthoi'v/cd  to  take  siieli  ptcpp  for  llic  reeom- 
plifhiTienl  of  tiiat  nul  as  they  tliiiik  necei^^ary.  Should  the 
iSonrd  (letenniiie  to  ercot  said-  luiildrnjr  and  the  eost  exceed 
lh(<  uniount  ppo)>osed  M'ho'jriteii  l)y  the  Oity  of  Viclcabiir*;' 
;ind  county  ol"  Warr<Mi.  such  excess  shall  be  paid  Vjy'tfee 
'4Voas«rer,*on  lhrtNr*n<ftTit  bf  the  Aiiditoror  Pnblic  Aceoiints. 
.lilt  ol"  the  ^lilitarv  Fuml.  on  demand  of  the  <iovoinor. 

/f'-Wrrfi.  •Thnt  the  C(>nventioii  reconnuend  1ho  City 
Hofjpital  at  Virksbury-  to  tin;  favorable  consider-ationof  the 
LegishUnre.  ain^  sn^'gest  the  jr.M'.ii'rv  of  mokiim-  n  snutat)lo 
;!ftjiro])riatioii  innid Ihe^eof. 

A  divipiou  of  the  question  I )cino;  called  ibr.  the  question 
was  taken  on  the  adoptiow  of  4he  first  re?olutioii  and  decided 
in  the 'n^^{^titt>.  ■    '  j  i;^, :.  •..!( t    ]:»;■■  .   ■■.ji> 

The  question  was  then  taken'oh  the  ado]>tion  of  the 
seeotid  refolution.  and  doeidod  in  the  alfirihativc. 

Mr.  Cleoni'e  sulimitted  the'  followint;  ])rotest  and  asked 
and  obtained  l^aNe  to  hnve  the siVine spread  ii])on  thedournnl 
of  the  {■onveiition 

The  undersig-ned  j-espeetiuily  aBk  Iwive  ut'tiiis  (.'on\entio]i 
to  enter  on  the  Journal  of  the  Convention  the  following 
protest  agninst  the  resolution  ])assed  l)y  this  body  on  thi- 
subject  of  the  A^'icam  f?lavo  trade  :'iJ  '«o  ■'"' 

Tho  nndoi-it>-n('d  respectfully  protect  no-ninsf  ;  i^l  r(^^ohi- 
tion  for  the  foliowiiia"  reasons  :    -    "■  *.  .  ? 

1st.  The  resolution  undertakes  to  dechire  the  policy  and 
purpose  of  the  people  <:4"  this  State -in  relation  to  a  matter 
which,  so  far  rts  the  nndersiglled  know,  was  not  made  the 
subject,  of  disciission  or  deTaate  in  the  canvass  for  tiie  election 
of  delegates  to  this  Convenlioji ;  juid  hence  tlie  people  of 
lWs'St!iSt<>.  iil'pai'd  eleotiWji.'hafeinKt  declare<1,  or  nnthorized 
I  his  body  to  dcclai'c  any  policy  or  inirpose  on  that  subject. 

2d.  The  policy'Of  tV' -people "of  thi::;  iHtute  on  that  subject 

"^■haii'bCen  declared  by  the  .!/PgiBlature--the  only  department 

of  the  government  >Avhieli'}mf<  authority  to   do  ^o.     This 

policy  isdeclnred  to  be.  fi<r&inst  the  African  slave  trade  (see 

Revised   Code, -p.  241.' Art.   ^O.V    'V\w  Oonveiition  has  no 

authority  to  revise   Dtj^tpolicr.'  The  right' to  dcclai-e  a 

jxdicy  on  this  subject  includes  ncce.-s^.  HI  V  the  right  to  declat'e 

i-flt  ne^v  policy,  different  from  the'ilolicydeclareii  by  thoLegis- 

'-latHre;  since,   if  th.is    (.'wnAcntion   can  dr>clare  a   policy  on 

J^fbJ^J'ftubjoct.    it   can   declare  just  such    policy   us  it  deems 

'<li«'c5pel'. '  To- revise  l^c  YxiliC}-  declared-  by  tlie  Legislature 

would  be  manifestly  beyond  the  jurisdiction  of  this  body. 


ikl-  The  Legi'slatiu-c  hayiiig  ■  - 

subject,  wliicli  i^  iii''Cx^'t;Ccinf<)rmi^y  lo  mo  ro.-aiurinii  j^a^'-ecl 
by  this  ' Oonvcntiiin.  t!ip  action  *o^' tins  l)<^(.ly.  Vaf;  aiftl /fs 
entirely  nnueco.^?arily^  imlc?s  it  Avas' ititcndod' to  (VcHro'a 
l)art  of  tlio  fnndaiiioiithl  IaAT--a  policy  for  the  poopTc  of  tius 
State  -vvliich  sliall  be  irrevocable  by  the  Legi?<lature.  If  sin'^i 
AVas  the  desioni,'  ^heii  the"miderF;']jfned  ■rer^poctfullv  viifimii 
that  the  said  resolution  is  a  usurpatiou  of  .the^ust  i 

the  Legislature,  and  a  \v    -^■-     •'■n  thftt'body  of  t],  « 

exercise  a  ])lain  iconstituv  '',ct1on'  Avinch  ha?  ' 

gated  to  them  l)y  the  peopli'. 

The  undersigned,  for  ihe-« 
no  reference  to  their   individual  \'ie\vs  on  llie  suiijeet  niatior 
of  the  said  resolution,  protest  ag.i'ii-f  i'le  s;inie.  niid  re.^ipect- 
fully  ask  that  this  t]?cir?aidi>'  i  nie 

Journal>:  ol   th^"^ ''-'^f^'-  '         .'i.vmiv 

AV.  F.  lUfAXTLEY. 

n.  y.yvFA^y 

HITOfT  F.  ^"'f  ■■  I'l:. 
J.  A.BL' 
A;B.m'r.!..\K^». 
r^.  TT.  TER'KATi. 

On  niotio!!,  lh^''(^rinveT)T'r>n  fKlio!^r-*"^d  ruti'  ■    ■  .  ''. 


The  Convciii  ion  nu'i  imr-iniu  l<>  adjoiii' 

Onmotion.  of  ^^r.  Olayton'  of  LqAVUdi  " 

">  RrjioIrr^J.   ^rhatlhe   Committee' 'ajipoi'nted   lo  ]•;  m 

A'fldress  in  relation'  to  the  importance fcVi'-rr-r^dnci 
Sta te  provisidnfJ  ?ufflcien (  for  it?'  Avants,  fi  i  <: 

])lanting  interest   refereiic-^'i'^'  lh1<^   fsubjr  • 

crop  of  the  present  y<  nthonV  ' 

Address  aftertho'adjoiii mu m  of  th-e   Ctvnvuiv.  ■' 

furnish  the  same  to  tiie  papers  for  publication. 

On  motion  of  ^.Tr.  "^V  '  '    •       .      ,       •        -^  . 

folloTTS,  to-wit : 

Whereas,  The  Mobile  avidOiiio   Railr  [p^^'^Mi 

generously  olTcred  the  /'/re  i'r<('  of  their  c;'i  '  -'att*P*1!Bl! 

Governor  of  this  State,  for  the  transportation  of  troops  and 
the  munitions  of  war  ;  threforc  be  it 


M 

upprociatlon  of  this  act  of  patriotic  liberality  bn  tho  partof 
eaid  Railroad  Company,  and  hereby  tender  to  the  Directors 
and  General  Superintendent  of  said  Company  the  thank3  of 
tlie  people  of  this  State* 

On  motion  of  Mr.  Gholson,  the  Convention  took  a  recess 
for  one  hour. 

The  recess  having  expired  tlie  Convention  resumed  its 
session. 

Mr.  Clayton  of  Marshall,  from  the  eonnnittee  to  whom 
wad  referred  the  subject  of  preparing  an  address,  setting 
forth  the  causes  whicli  induce  and  justify  the  secession  of 
Mississippi  from  the  Federal  Union,  submitted  the  following- 
report  : 

A  DECLARATION  OF  THE  IMMEDIATE  CAU- 
SES WHICH  INDUCE  AND  JUSTIFY  THE  SE- 
CESSION OF  THE  STATE  OF  MISSISSIPPI 
FROM  THE  FEDERAL  UNION. 

In  the  momentous  step  which  our  State  has  taken  of  dis- 
solving its  connection  with  the  government  of  which  we  so 
long  formed  a  part,  it  is  but  just  that  we  should  declare  the 
prominent  reasons  which  have  induced  our  course. 

Our  position  is  thoroughly  identified  with  the  institution 
of  slavery — the  greatest  material  interest  of  the  world.  Itg 
labor  supplies  the  product  which  constitutes  by  far  the  larg- 
est and  most  important  portions  of  the  commerce  of  the 
earth.  These  products  are  peculiar  to  the  climate  verging 
on  the  tropical  regions,  and  by  an  imperious  law  of  nature, 
none  but  the  black  race  can  bear  exposure  to  tlie  tropical 
■un.  These  products  have  become  necessities  of  the  world, 
and  a  blow  at  slavery  is  a  blow  at  commerce  and  civiliza- 
tion. Tiiat  blow  has  been  long  aimed  at  the  institution, 
and  was  at  the  point  of  reaching  its  consummation.  There 
'W9A  no  choice  left  us  but  sulnnission  to  the  mandates  of  abo- 
lition, or  a  di.«ssolution  of  the  Union,  whose  principles  had 
beon  subverted  to  work  out  our  ruin. 

That  we  do  not  overstate  the  dangers  to  our  institution,  a 
reference  to  a  few  unquestionable  facts  will  sufficiently 
prove. 

The  hostility  to  this  institution  commcncod  before  the 
adoption  of  the  Constitution,  and  was  manifested  in  the 
woll-known  Ordinance  of  1787,  in  regard  to  the  North- 
western Territory. 


87 

The  feeliug  increased,  uutil,  in  1819-20,  it  deprived  tli« 
South  of  more  than  half  the  vast  territory  acquired  from 
France. 

The  same  hostility  dismembered  Texas  and  seixed  upon 
all  the  territory  acquired  from  ^lexico. 

It  has  grown  until  it  denies  tlie  right  of  property  in 
slaves,  and  refuses  protection  to  ^hat  right  on  the  high  seas, 
in  the  Territories,  and  "wlierever  the  government  of  th« 
United  States  had  jurisdiction. 

It  refuses  the  admission  of  new  slave  States  into  tlie 
Union;  and  seeks  to  extinguish  it  by  confining  it  within  its 
present  limits,  denying  the  power  of  expansion. 

It  tramples  the  original  equalitv  of  the  South  under  foot. 

It  has  nullified  the  Fugitive  J^lave  Law  in  almost  every 
free  State  in  the  Union,  and  has  utterly  })roken  tlie  compact 
which  our  fathers  pledged  their  faith  to  maintain. 

It  advocates  negro  equality,  socially  and  politically,  and 
promotes  insurrection  and  incendiarism  in  our  midst. 

It  has  enlisted  its  press,  its  pulpit  and  its  schools  against 
us,  until  the  whole  popular  mind  of  the  North  is  excited  and 
inflamed  with  prejudice. 

It  has  made  combinations  and  formed  associations  to  carrj 
out  its  schemes  of  emancipation  in  the  States  and  wheriTor 
©Ise  slavery  exists. 

It  seeks  not  to  elevate  or  to  support  the  slave,  but  to  des- 
troy his  present  condition  without  providing  a  better. 

It  has  invaded  a  State,  and  invested  with  the  honors  of 
mflrtyrdora  the  wretch  whose  purpose  was  to  apply  flame* 
to  our  dwellings,  and  the  weapons  of  destruction  to  •ur 
lives. 

It  has  broken  every  compact  into  which  it  ha.s  entered  for 
our  security. 

It  has  given  indubitable  evidence  of  its  design  to  rain 
our  agriculture,  to  prostrate  our  industrial  pursuits  and  td 
destroy  our  social  system. 

It  knows  no  relenting  or  hesitation  in  its  purposes  ;  it 
stops  not  in  its  march  of  aggression,  and  leaves  us  no  room 
to  hope  for  cessation  or  for  pause. 

It  has  recently  obtained  control  of  the  Government,  by 
the  prosecution  of  its  unhallowed  schemes,  and  destroyed 
the  last  expectation  of  li-\nng  together  in  friendship  and 
brotherhood. 

Utter  subjugation  awaits  us  in  the  Union,  if  wt  should 
consent  longer  to  remain  in  it.  It  is  not  a  matter  of  choice, 
but  of  neccssit)-.    We  must  either  Bubrait  to  degradation, 


iind  iM  I  *\vin  ;:i  inir  billious  of  money,  or 

we  n\\}-  •  l.'iilon  trnmed  bv  our  fathers,' to 

SBCii'  c'o'thef  sp6i>1ci>!-of;|)ro]3(?t-ty:  ''Fdf- 

far  -n    fV.HiP:-;  separated  froTn"th(J 

ChrQwiT"  '.I.'-:  •'.             ■  :  ''^ 

OiH  .:.   .u  their  foo«.<tq)p.   '•^tl9 

eui:  .  i»ah\r?ion';  aiul  for  the  rda:Jons 

her.'  I   maintain  6ii'rri.<Tht>:  with  the  ftitl 

**t]  «»  rrf  our  course,  and  tho  tiudOiibt- 

iagi.ioii_;  (>!  uwr  aiiility  l>)  mftiiltaiii  it- 
Mbrf>*^'»i)lin>\  Af.  Mt*.  iCM.rvl'nM' (M' Marfiliall.   ilu'  report  wa^^ 

'iiv  t'ht«i)»peJf?i''at  coiiMiultee  i»r  Ihe  liovornbr's 
'mi  ordfehno'  i--<'<'-]  '*:in   ordliiancb  pVo- 
>"id  1  nut '.(Otiiieil  fur   ihr   (Jovernorof 

■;''-  "^  ■<'c<)ini)»endod  it-  :uiO[)tinii. 

.'■oi^'lj^i-],  civi'd  and  {)":re''«<^l  ti^. ' 

On  .t.^  Mr.  Ifarri,^.   thW  otsdii-uitii'p As'aHiUoiisidered 

Mt^t^i,  tlni^rdiiipiMv  iidoptod-' '    ■■  •■  '•'•  ■  ' 

tc'Mfii  H^wjf*  vmoTCiI  that  ?tJlb''.(*oiivoiifioiJ'  proceed  to  the 
"lectici  !■  .■!.>M  Tm.  :n;|e,-  ;i;v(j  ( ,.rdinf)i}re  bV  ballot.  atld 
p^^ii'''  \f»<.<ferf*j  ►W.''P-.:Avvdersoii.'Madif<ou 

Jiu.4tee  ;;:iti  J .  I  .  1  Upper,  ia<5  Vilitl  i(*ounci!."  '     '     ;?  ■  -i       ■ 

On   motion  of  Mr.  Flmii'iioy.   tlio  <deetitMy)y  bailout  wa's- 
ti^»»ni?i<d  v;'-       .'    ^  •nth'menWere  nlecled 

by  ae<;lanM!;  ;  •» 

wJfef'vA-  ith'tho  folio wiiiR- 


•BiAniOrdiirance'tO'  appi-op^tiito  hioncy  to  pay  the  current 
^-"n""'-'- es  of  the  Convention  not  provided  for  by  law. 
icf  )b  motwin  ol'Mr;  Anderson,  the  nde  was  Buspended,  and 
the  oi-linan.e  ]w'u](y  put  npon  its  final  passage  was  adopted. 
.■i;Bii  motion  rif  Mr.  Andersoft,  "l-'  "•  ''•   '     '  ' 

twenty-live  hundred  copies  of  the  declara- 
"f  the  innnediatc  canflcs  of  the  secession  of 
A!  ■  1  ■  ;  !  .  iom  the  Federal  Union,  tojrethcr  with  the  ordi- 
aaiicL  (j1  .-■..  ■cmon  with  the  nameS  of  the  members  who 
.•signed  if.  b(.  ))rinted  in  pamphlet  form  and  distributed  to  the 
•""'"■- of- thi'^  Gbntehtion. 
'tion  of  Mr.  George, 
.  ^:  i^'Mjii.  Tlint'AViley  P.  Harris  and  Warren  P.  Ander- 
son, bo  ai'ii  they  are  hereby  ai)]>ointed  Auditors,  with  au- 
ftfanriAr  1©  niuJit'  aiid  allow  accounts  for  such  incidental 
oxpcwsfs  n.--  jiinv  linvo  broM  incurred  bv-thc  officers  of  the 


■•m 
89 

Oonventiou-^'fiiwltliat  the  Auditor  of  iruWi.G.'A^ci&iriiriti'  bo 
dii'CctQtl  to  it;*\iO;liis  wnvvnut  in-  I'nvov  of  tKe  p  t'^od  loswiioiii 
suoli  accounts  iiuiy  "  '  ^  eextilicfi'  '      ndi- 

torri...,,j    ;,..  ,.,,  :(,,  ■  ■•  ,•  ■ 

;,Oii  niotiou  of  Mr.  l>oiri4ju,  i 

;  Resolved,  That  the  Sec-rotary  «,'^  i...-  •,  jjivcutioiilje.  lallowcd 
Ijve  (lays  aftfr  the  acljoui'iintojit  (>i';l;he;  OonVeiitioal  to.' com- 
plete the  duties  as^uned  him^iftud  that  ±io  be  alio  (wod.tiu' 
c,Qui]>euHatU)u  jixod  by  lO-NV'.to  b't  pUid  out  of  auyrr jiopeylJu 
thc:  Treasury  not  otlpierwi ,■<!:•  aivprop^ialcd oil  the  \\i  nrrant^i)!' 
tlie  Auditor  of  Public  Ai-counis  on  the  Tr^^asurcr  of  tlu- 
State. 

Oil  luotiou  of -Mr.  SUJphoIl^^ 
/,.]l;ie6olved,  That  the  th;iukri  of.tliis  (Jonveutioii ;!.  -are  due 
and   are  herelty    tendered  to  tbo'Mon..  W.  S.  Bar  „ ryr;  foi- the 
dignified  and  uiipartiaj  nianiMjr  irirvvhlch  he  luii^  './iJschBtJ'jred 
(he  dutie.8  of  President  thereof,    i;     ' 
On  motion  of  Mr.  Miller  of '.Pontotoc 
r  Remlvcd,  Tiuvt  ii  committee  of  three  lie  a]'poij  /ded  to-  wait 
on  Ills  Excellency,  the  Governor  of  the  Stale,  a /nd  to  in  form 
him  that  this  Cpuventiou  isf  about  to  adioum,  ai/id  to  inquire 
whether  he  desires  to  ifiiake  any  further  c<>B.'\iHi,injcatioB  t>o'. it 
in  connexion  Avith  the  public  iuterest.v.") ..  -n../  ;.•'  -  ,  ■!  -.ckj 

The  President  appointed  ds  ^:ni''  cfrir-iilt  \  Me--srH.  U:^. 
ALiller,  0.  Davis  and  Eckford.  v 

On  motion  of  Mr.  Dyer,  '      /   i        • 

BesoJveil,  That  our  SeuatoriS  and  K^pi^  st/jaitative.-^  in  tlu^ 
Congress  of  the  Southern  Confedemcv,- vinorr  it  aliall-  be 
formed,  be,  and  they  are  hereby  rcquestod  i>  />  tise  thMr  influ- 
ence to  have  established,  in  the  South;  a.  J!i]i'Jitar>''  Academy 
.similar  to  thiat  of  the;  United- Staites  .at  '^lA'est  Point'anil 
that  the  Cadets  froni  the  i^eeeding  State.>=,  D'  -w  or  rec^nti.v^  f\t 
West  Point,  upon  applicatioiL  be  trantferr!  d  ^  s-aid  Acade- 
my, and  that  otherti  be  received  therein  fr  m\  .i;nie  to  time, 
in  accordance  witKulJic  iproivisiousof  the  sr,to9  Conp^^s 
establisiiing  it.  ,,'    '       '  ,  .  •  -i 

Be  it  further  resolved,  That  the  Seere  :tary  of  "this  Cpn- 
veutiou  furnish  said  Scnatoifi  and  Repr- ?.*ritativeaigwitt}i'a 
copy  of  these  resolutions.  •    ,     i-';,i'v    crJiud 

.,.:Mrx..Clapp  submitted  the  folio-wing  rcji  r   ;  :  'isq 

■,M  '\'<  ,'1    "  .  (Y) 

Mr.  President  :  ..  ,i,. .,-,.;.  ;  <."iw)viKK> 

The  special  committee  appointed  to  prepare  a  suitable 
Flag  and  Coat  of  Arms  for  the  State,  re  port  that  thej  have 
had  the  subject  under  con.sideratiou,  and  thev  recommend 
for  suitable  Flag  the  following  : 


A  Flag  of  white  ground,  a  ifaguolia  tree  iii  the  centre, 
a  blue  fieHin  the  upper  left  hand  corner  with  a  white  star 
in  the  centre,  the  Flag  to  be  finished  with  a  red  border  and 
a  red  fringe  at  the  extremity  of  the  Flag. . 

For  a  coat  of  arms,  the  committee  recommend  the  one 
accompanying  the  communication  of  the  Governor  to  the 
President  of  tliis  Convention  which  was  referred  to  the 
comraitiee,  and  is  retm-ned  along  with  this  report,  except 
that  tl.e  committee  recommend  that  the  recumljent  figure 
designwl  to  represent  "the  father  of  waters'-'  be  omitted,  and 
»  CAnnon  and  plough  appropriately  engraved  be  substituted. 

On  motion  of  Mr.  C'lapj),  tiie  rcjjort  was  received  and 
agreed  to. 

Mr.  Miller,  from  the  connnittee  to  wait  on  the  Governor, 
reporteo  that  His  Excellency  had  no  further  communication 
<o  make  in  connection  with  the  public  interest. 

Mr.  Giolson  moved  that  tlie  Convention  adjourn. 

Before  the  President  put  the  motion,  he  said,  in  substance: 

Genthnen  of  the  Convention :  It  becomes  my  duty  to  de- 
clare this  jody  adjourned  until  the  public  necessities  require 
its  assembling  again.  The  action  of  this  Convention  is  of 
vft3t  importance.  Its  record  is  a  part,  for  good  or  evil,  oC 
the  history  of  the  country.  In  obedience  to  the  will  of  the 
people,  you  have  accomplished  the  work  of  destruction  ; 
bat  the  courage,  the  thought,  the  wisdom,  necessary  to  des- 
troy are  not  always  equal  to  the  task  of  re-building.  More 
is  required  in  the  future  than  has  been  in  the  past.  May 
"TO  realize  tiie  hope  of  being  transferred  to  a  government 
more  satisfactory,  moye  stable,  more  just.  What  lies  before 
us  will  test  the  heroism,  the  higher,  the  nobler  qualities  of 
our  race,  inherited  from  revolutionary  sires.  1  would  be 
very  unjust  to  my  own  feelings  did  I  not  express  my  sense 
of  gratitude  for  the  manner  in  which  I  have  been  sustained 
in  all  the  tlutics  of  my  office.  Your  deportment  has  ren- 
dered my  lal)ors  light.  I  wish  you  all  the  certainty  of  a 
cordial  welcome  and  approval  of  your  conduct,  when  you 
return  to  your  constituents,  and,  what  is  better  than  public 
approbation,  the  consciousness  of  having  discharged  your 
dnty^and  I  take  pleasure  in  testifying  to  the  patience  and 
industry  with  which  you  have  devoted  yourselves  to  the 
public  service.  Renewing  my  thanks  for  your  uniform 
courtesy  to  myself,  I  now  declare  the  present  session  of  this 
Convontion  adjourned. 

F.  A.  POPE,  Secretary. 


CONSTITUTION 


STATE  OF  mSSISSIPPI. 


Articlb    T.  neclnration  of  ri£^hta. 
II.  Distribution  of  Powers. 
Ilf.  Legislative  Department. 
IV.  Judicial  Department, 


§    V.  Execntive  Depfcrtnif  at ;  ■lU»to. 

VI.  Impeachments. 
Vll.  General  provisions  ;  Blavei. 

Amending  ConstitutJon;  •ektdnle. 


ARTILE  I. 


DECLARATION   OF   RIGHTS. 

That  the  general,  great  and  essential  principles  of 

liberty  and  free  government  may  be  recognized 

and  established,  we  declare  : 

Section  1 .     That  all  freemen,  when  they  form  a 
social  compact,  are  equal  in  rights ;  and  that  no     5"    t^, 
men,  or  set  of  men,  are  entitled  to  exclusive,  sepa-j.^^  rights*, 
rate  public  emoluments  or  privileges  from  the  com- 
munity, but  in  consideration  of  public  services. 

Sec.  2.  That  all  political  power  is  inherent  in 
the  people,  and  all  free  governments  are  founded  on 
their  authority  and  established  for  their  benefit ; 
and,  therefore,  they  have,  at  all  times,  an  inalien- 
able and  indefeasible  right  to  alter  or  abolish  their 
form  of  government  in  such  manner  as  they  may 
think  expedient. 


.92  CONSTITUTION  OF  mSSISSIPPI. 

Sec.  3.  The  exei'cisc  and  enjoyment  of  religious 
Religious  profession  and  worship,  without  discrimination,  shall 
worship,  forever  l)e  free  to  all  persons  in  thi.s  State  :  Pro- 
dd>'iK  That  the  i-igh  thereby  declared  ande?tablisiied 
'hall  iiof  ])'■•  •io  con^^nipfl  a-^  to  excuse  the  actr^  of 
lii'i'ii"  •■ -i  ikconii^istent  wiili 

|!ie  \:  H'. 

Si-:c.  4.  No  preference  shall  ever  be  ylven  by 
law  1<>  any  r<'li.irion.'?  sect  or  mode  of  worsliip. 

rr.r.  .  That  A7>)iei'k)n  shall  be  molested  for  ills 
(i[iiiii()iis  on  any  subject  whatever,  nor  suffer  any 
civi!  or  j^olitical  inoniuuMtv.  or  acciuii'C  any  civil  or 

N{^:]     ■  ■  "  ■      •nisefujciicc  of  such  opinion"^ 

~fC' .     _  ■     -       ;1  roiviii  this  coiislitution.      .' 

Sec.  G.     Every  ciiizen  may  freely  s]>eak.  write 
f  *^^,  ,?T  '*'"^  publish  his  sentiments  on  all  subjects,  being 
'^'^^ '■  responsible  for  the  aj^use  of  that  liberit'y. 

Sec  7.  No  law  shall  ever  be  ]>assed  to  curtail 
or  restrain  the  liberty  of  speech  or  of  the  press. 

.•'i:t  .    '. .  In  all   prosecutions  or  indictments  for 

',/•■.  iiic  truth  may  1)o  c,'iven  in  evidence  :  and  if  it 

i'ruih'to  shall  appear  to  tlie  jury  that  the  matter  cliarg-ed  as 

»' J  .iriveii  in  Kbclous  is  truc,  and  was  jiublislied  with  good  motives 

•  vKlencu  and  for  justifiable  ends,  the  party  shall  be  acquitted; 

m  nn  pro-^i^^i  ^j^^,  -^^  shall. have. the  riglit  to  determine  the 

for  libel      ^^^'^  '^^^^^  ^'^^  lacts. 

Sec.  9.     That  the  people  shall  be  secure  in  their 
persons,  houses,  papers  and  pos.-:essions.  from  unrea- 
sonable seizures  and  searches;  and  that  no  warrant 
,         to  searcii  any  place^  or  to  seize  any  person  or  thing, 
shall    issue  Avititout   describing   the  place  to   be 
.,r.'r. "!    virT  t^r.  pcrsoji  Or  tlilug lo  bo  seized, .{US 
iior  without  probable  cajisc,  pup- 
1  ••itcii  iiy  (tail!  or  afSnnatiop.'..      ":     .  ';  .  .'     ,.' '. 
Sec.  10.     Tha 1 1  n  all  crimiiia  1  'prdseciitloh^.';,  i\\e 
./l^tigy^  >('.'? cnscVi  hatli  a  right  to', be  heard  by  himself,  or 
•e*M»li'ji'<'''^''i n.=^'r^.  or  Iroth  ;  to  demand  the'  ilaturc  and  caiij^ 
\imtia^iii  <  •  -nsation  :  to  be  confronted  by  the  withcssoF; 

and    con-;,  't  •' to  liave'a'Pon'inulsory  procossfor  ob-' 

'''''^*"^-       I  ":i  his'fayOr  ;  and!  in  all  pi-osecu- 

T^  it  or  infoTiBatipii,  a  speedy  afid 

,'  impartial  jiiry^' of  the  country 

w.'ier^  !!>.':'  o!tCLice-was -eoiiimitted  ;  that  he  cariiiot 
lie  compelled  to  give  evidence  against  himself;  nioir 
cfJTi  hf  be  deprived  of  his  life,  liberty  oi*  |)r6'perty£ 
but'bv' due  course  of  law. ^    ■  ^    ■     ••,■       ■ ''^'^.; 

.jriotiicrrzo  iffir'J 


C0NSTITUTI0>7   OF   MlS^ISSIPn.  03 

Sec.  11.     Xo-p'  'I '6o'''*een?"ecl-'M'e.4e(]  ^^ 

ordetaiiiod,HN'<"'''  ^'-rlained  by  law,  and 

ii.(^(^6j-dinfr  to  i  h*  'ji^ne-  Ua-*  '^i-r^-, 

sl-nl^Wl  :' tind-  >)-.    ;rT-(.:i      ;i;'::    '  -'   •---   ^-■■'    '-vi    h*> 

virtue  of  a  law  p«l;il)lii"H<'d  and  ' 

trt'^lio  (H-ffen^'p,'  n^id  H^'ia^V  a^ijitioii. 
-Str.  1:2.     tin^  iKMKT-<n.  -linM.  Ibr  Hn   i-idi<'to- j™^^^- 

V  *»    ■  •.'■•■•til  lUgS  ILL  lli" 

IjI(*  tiiloiiro.    !r  inst    <*rii,mnally  '»ydictable 

iiifonaatioa,  '•■.  -iiiO-ii'i-^'lK' iWiid   oi' offences. 

iia\'al  forcf*.  f^  ni  atd-iia]  i-vv- 

y\(H:}.  or  h\  1'\m^  .    ,  ,:J/l....,f..n>v>..  ;,, 

oflico. 

■>^Kr.   1;;..     No  i)ci.-Mvi  -dnii.   lor  \-{v  sa'vic- (TiVfiirc. 
Itn  t-\Vicf'  ftitffti  ir(V,»aVdy  of  Hfo  tii*  Hinh  :  Hoi- J^iiall 
anv  por.-oy"s])r<)|ierh-  lir  fal(i;u  oi'  api'liod  to  ]nd>li> 
mt' '  x\'it!iouf  the  (*on,/f*nt  i-^f    (he:  LrjrislatvH-e.  aiid   , 
Avitliout  just  (•oiii])eiifMioii  Ite'iiiir  iir?t  made  th^rofor. 

Src'.  11.     Tli\U  all  coui't? 'liltall oneii.  aiid  <'\--' 
]iors!)n.  'Tor  anIV'jnry  (loiioMiiiV^iil  lifjs''lai1rlk  -j 
person    01*    re]intatibn.'."  ^lir^ll  lijive  Veniedy  liy  •Im^- 
course  of  laV.  aiid  Vi'^lif  and'jfr-^tTi'p  adniinistored 
Aritlioat  sale,  denin'  (M- do":;i-  '     •  '•'  ' 

Skc.  1.').     Tlia;    no    |•o^■  ■  "lintr  law*! 

shall  be  exercised  •e'teefrt  In'tiK'-lTi'irisiivlnrp  or  it?! 
aiithoi-ity.  "^    '•.'.  '  "*'•■■• 

f'EC.   IC).     Th'a't    (i'xe  ol;shilll  not'  bo  Ve- Excessive 

quired,  nor  exc0f<.'i|vc"^iii>>  Mu-HtsWlv  nor  f'-- ^'  -vn-bail. 
ishrncpt^  intlictod.  , 

'  Skc.  17.     That-'aUpn-v  ■  ,if^  hein,,.  n-u- Mailable.- 

^^ietion.  bo  b-ailable  by  suf::  •  'irttiesi;  excri-t  J'^^^J^g'V-:,' 

(Sf  rapital  oflonce?^  V'hcw  the  pr(>'»l"i>'e\-ident.  or  ppj-p^g  ^f. 
the  pre:>niuprion  great  :  and  the  yirjvileo-e  of   the' 
■v^'it'oF  liabea'fs  cnirprt?;' shall  hof'bCn^hsp.ended^.  lin- 
lep?,  AA'hen  in  n  '••-■•  ..!" --■'./-i''-"  ■-•  ;v>v-..c ;.-,,-,    f.j,,. 
public  safety  !• 

SE'n.- 18." 'That   !.:•:■   pcL■^'^^.   :  '^rlien  Whea 

there  i?  hot  strntna"  prc-'^nSipfion  ■  IT  r^o't  debtor  not 

be  cletainr><l  v<\  pj'i.-  ■   ■!■"''■"  ■  '  ''■■^^'  bo  im- 

fbV.tliebcnr^i't  of  h  [..dsoned, 

^all-be  T'l  '">■• 

the  L'''!IlslnTn  ;''•  s'lij;  nrv  -  to  i'!:i  ot  ^^ '''iiriHr"!';'/^,?^ 
pant  facto  law.  nor  law  for  impairing'  tho  o!.)]icra>if^r{" 
of  c'^'Uracts, 


94  CONSTITUTION  OT  MISSISSIPPI.. 

Sec.  20.     No  property  qualification  for  eligibil- 
ity to  office,  or  for  the    riglit  of  suffrage,  shall 
ever  be  required  by  law  in  this  State. 
The  es-     Sec.  21.    That  the  estates  of  suicides  shall  de^ 
tates    of  gQ(in(j  Qj.  yQj;^  r^g  jj^  Qapcs  of  natural  death  ;  and  if 
suicides.  ^^^  person  shall  be  killed  by  casualty,  there  shall 
be  no  forfeiture  by  reason  thereof. 
The  right     Sec.  22.     That  the  citizens  have  a  right,  in  a 
of  petition  peaceable  manner,  to  assemble  together  for  their 
common  good  ;  and  to  apply  to  those  invested  with 
tlie  powers  of  government  for  redress  of  grievan- 
ces, or  other  pur])oses,  by  petition,  address  or  re- 
monstrance, 
liieht  to     ^^^'  ^^'     ^^'^U  citizen  has  a  right  to  bear  aims 
hear  arms,  i'^  defence  of  himself  and  of  the  State. 

Sec.  24.  No  standing  army  shall  be  kept  up 
No  stand-  without  the  consent  of  the  Legislature  ;  and  the 
ing  army,  military  shall,  in  all  cases  and  at  all  timc^,  be  in 
except,  itc«;^j.JQ^  subordination  to  the  civil  power. 

Sec.  25.  That  no  soldier  shall,  in  time  of  peace, 
be  quartered  in  any  house  without  the  consent  of 
the  owner,  or  in  time  of  war,  but  in  the  manner  to 
be  prescribed  by  law. 

Sec.  26.     That  no  hereditary  emoluments,  privi- 
leges or  honors  shall  ever  be  granted  or  conferred 
in  this  State. 
Emigra-     ^^^'  ^"^ •     Emigration  from  this  State  shall  not 
tion,  &c.   be  prohibited,  nor  shall  any  free  white  citizen  of 
tliis  State  ever  be  exiled  under  any  pretence  what- 
ever. 
Trial  by     Sec.  28.     The  right  of  trial  by  jury  shall  re- 
j»ry-        main  inviolate. 

Sec.  29.    No  person  shall  be  debarred  from  pro- 
Prosecu-  pecutingor  defending  any  civil  cause  for  or  against 
suits.      ^'^™  ^^'  herself,  before  any  tribunal  of  tliis  State,  by 
him  or  herself  or  counsel,  or  both. 
Tenure  of     ^EC.  30.     No  person  shall  ever  be  appointed  or 
office.        elected  to  any  office  in  this  State  for  life  or  during 
good  behavior  ;  but  the  tenure  of  all  offices  shall' 
be  for  some  limited  period  of  time,  if  the  person  ap- 
pointed  or  elected   thereto  shall  so  long  behave 
well. 


CONSTITUTION   OF   MISSISSIPPI.  95 

CONCLUSION. 

To  guard  against  tranngn'ssions  of  the  liigh 
powers  herein  delegated,  we  i>kclare  that  every- 
thing in  this  article  is  exce)  tted  out  of  the  general 
powers  of  govci'niiicnt,  and  shall  forever  remain 
inviolate  :  and  that  all  laws  contrary  tliereto,  or  to 
the  following  provisions,  shall  be  void  : 

■    ARTICLE    II. 

DISTRIBUTION  OF  POWHUS. 

Sec.  L  The  powers   of  the  government  of  the  Distriba- 
State  of  Mississippi  shall  be  divided  into  three  dis-    tion  of 
tinct  departments,  and  each  oC  them  confided  to  aP*''^^'^' 
separate  body  of  magistracy,  to-wit  :  those  which 
are  legislative  to  one,  those  which  are  judicial  to 
another,  and  those  which  are  executive  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  be- 
ing of  one  of  those  departments,  shall  exercise  any 
power  pro})erly  belonging  to  cither  of  the  others, 
except  in  the  instances  hereinafter  expressly  direc- 
ted or  permitted. 

ARTICLE  HI. 

I.EGISI.ATIVR  DEPARTMENT. 

Sec.  1.  Every  free  white  male  j)erson  of  the  Qualified 
age  of  twenty-one  years  or  upwards,  who  shall  be  electors, 
a  citizen  of,  and  shall  have  resided  in  this  State  one 
year  next  preceeding  an  eleciion,  and  the  last  four 
months  within  the  county,  city  or  town,  in  which 
ho  offers  to  vote,  shall  lie  deemed  a  qualified  elec- 
tor ;  and  any  such  qualified  elector,  who  may 
happen  to  be  in  any  county,  city  or  town,  other 
than  that  of  his  residence,  at  the  time  of  an  election, 
or  who  shall  have  removed  to  any  county,  city  or 
town  within  four  months  prececding  the  election, 
from  any  county,  city  or  town,  in  which  he  would 
have  been  a  qualitied  elector  had  he  not  so  removed 
may  vote  for  any  f^tate  ov  district  officer,  foi*  whom 
ho  could  have  voted  in  the  county  of  his  residence, 
or  the  county,  city  or  town  from  which  he  may 
have  80  removed. 


'  I  -  •('  -li-'      :' '     /.o!l.linv",'(.t 

'.M»  CONSTITUTION    OF   MISSISSirPI. 

Eleciors.        Sec.  2.  Klcctorp  shall,  ill  all  cashes  cxce])!  in  thosf 
hef  treason,  feloay,  or  broach  of  the  peace,. be  privi- 
loffod  fvbin  ai'i^o?5t(liii*iiiti,-  their  uttondaiico  on  olrc- 
tioiis.  and  iroinp'  and  relurniiijr  lioni  liio  same. 

Ski'.  ;',.  Tlio  first  olcctions  .4iall  Ite-  by  liallot, 
and  all  I'niuro  eiootions  by'tho  poojiie'shall  bo  regu- 
hited  by  law.       '  i''t  i-  .nturrM.-w?  )H'.iit--n\>t  '>i{i 

Src.  4.  The  legislative  ])o>vers  of  this  State  rfiall 
be  vested  in  twoi  distinct  bitmches  :  the  one  to  be 
styled  '"the  "Senate."  the  other,  "the  rioiise  of  Re])- 
reseutativcs,''and  ])Oth  toaetlier  "the  Leuishiture  of 
the  State  ol"  Mississippi  ;"'  anil  the  stylr  of  their 
'  laws  shall  be,  ••■i?e  ii  d/nnctcd-ln/ fftr- Jy^'iris/atfrno/' 
the  fllate  of'  MifiyissippiJ^"'     i 

Sec.  5.  The' lueinbcrK'  o^-llic  tlouse  ol  Kepre- 
:i  seutativds  shUll  lie  chosen  by  Ihc  ijualilii'd  electors. 
'>-a.l\d  shall  sei'vc  for  the  term  of  two  years,  from  the 
I'day  of  thi? vQommencement  of  the  frcneral  election. 
■  "ftiKl  no'loDC'er.  •■  •  •■■  /•),.■ 
vff;.  Sec.  B.  The  representatives  shall  br  chosen 
.-ioven-  two  years,  on  tlie  first  Monda^^-anii  day  fol- 
'lowinii' in  No\-cmber.  ;        • - 

tion.s       "     ^^^'  ''•  ^^0  P^i'^oii  ^li^^l  be  a  TCprescntative  un- 
less he  be  a  citizen,  and  shall  ha^"e  been  an  inhabi- 
tant of  this    State  tsvvk^  >  yfeitjl  next  preceediiifr  his 
election,  and  the  last  year  thereof  a  resident  of  the 
eonnty.  city  or;  to'wiB*foi^  which  he  shall  be  chosen, 
and  shall  have  attained  thf?  age  of  twenty-one  years. 
ElectionsvlJ  fr^EfU'-^V'EleeJious 'ilbr  representative^    for  the 
..where    ^-j^rvei-al  counties  F^hall  be  held  at  the  ]>laeos  of  hold- 
"®^*^'       ;.iiig  their  r(!s]>ective  corn-is.  or  in  the  several  election 
di.stricts 'into which 'Wie-coimty  may  be  divided  ; 
Wh     •  'i^ro rider/,  that' when  it  shall  appear  to  the  Icgisla- 
city  or  "'*"''''  that  any  city  or  tOM-ji  has  a   number  of  free 
town  cnti-  wliite  rnhabitants  eqdal  to  the  ratio  tlien  tixed,  such 
tied  to  sep- city  or  town  shall  Jiavo  a  separate  representation, 
arate  rep-  nccording  to  the  rinmbcr  of  free  white  inhabitants 
rescnta-    theiv^n,  whi<;h  shall  be  retained  so  long  as  such  city 
'*'"■  or  town  shall  -contain  d^  number  of  free  white  in- 

.    habitants  equal  to  theexisting  ratio, and  thereafter, 
I  i'"'and  during  the  existence ofihe right  of  separaterep- 

rCsentation  in  such  city  or  town,  elections  for  the 
(50untv'  in  Avhich  such  city  or  town,  entitled  to  sepa- 
rate representation,  is  situated,  shall  not  be  held  in 
such  city  or  town  :  And 2:)rovkled,  that  if  ihe  residu- 


CONSTITUTION  OP  IHSSISSIPPI.  97 

um  or  fraction  of  any  city  or  town,  entitled  to  scpa-  Eesiduum 
rate  representation,  shall,  when  added  to  the  residu-  *^- 
um  in  the  county  in  which  it  may  lie,  be  equal  to  the 
ratio  fixed  by  law  for  one  representative,  tlien  the 
aforesaid  county,  city  or  town,  having  the  largest 
residuum,  sliallbe  entitled  to  sucli  representation  ; 
And  provided,  also,  That  wl^en  there  are  two  or 
more  counties  adjoining,  which  have  residuums  over 
and  above  the  ratio  then  fixed  by  law,  if  such 
residuums,  wlicn  added  together,  will  amount  to 
such  ratio,  in  that  case  one  representative  shall  be 
added  to  the  county  having  tlic  largest  residuum. 

Sec.  9.     Tlie  legislature  sliall,  at  their  first  ses- 
sion,  and  at  periods  of  not  less  than  every  four,  nor  ■?.^"'^^'^" 
more  than  every  six  years,  until  tlie  year  1845,  fii^d       j^^j^j^. 
thereafter  at  periods  of  not  less  than  every  four  nor  nient. 
more  than  every  eight  years,  cause  an  enumeration 
to  be  made  of  all  the  free  white  inhabitants  of  this 
State,  and  the  whole  number  of  representatives  shall, 
at  the  several  periods  of  making  such  enumeration, 
be  fixed  by  the  legislature  and  apportioned  among 
the  several  counties,  cities  oi-  towns  entitled  to  sep- 
arate representation,  according  to  the  number  of    Number 
free  white  inhabitants  in  each,  and  shall  not  bo  Icss^^^*?'^** 
than  thirty-six  nor  more  than  one  hundred  :  Provi- 
vided,  however,  That  each  county  shall  always  be 
entitled  to  at  least  one  representative. 

Sec.  10.  The  whole  number  of  senators  shall, 
at  the  several  periods  of  making  the  enumeration  Senators, 
before  mentioned,  be  fixed  by  the  legislature,  and  **^- 
apportioned  among  the  several  districts  to  be 
established  by  law,  according  the  number  of  free 
white  inhabitants  in  each,  and  shall  never  be  less 
than  one-fourth  nor  more  than  one-third  of  the 
whole  number  of  representatives. 

Sec.  11.  The  senators  shall  be  chosen  by  the  Number 
qualified  electors,  for  four  years,  and  on  their  being  &c 
convened  in  consequence  of  the  first  election,  they 
shall  be  divided  by  lot  from  their  respective  dis- 
tricts into  two  classes,  as  nearly  equal  as  can  be  ; 
and  the  seat-s  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  second  year. 

Sec  .  1 2  -    Such  mode  of  classifying  new  addition-  ^°^  *^°' 
al  senators  shall  be  observed  as  will  as  nearly  as  pes-  Jj^j^J^^ 
uibla  prtfservd  au  boualiiy  of  mumbens  in  ^^acK  cImbiSj 


ii 


98  CONSTITUTION   OP  MISSISSIPPI. 

.Sec.  13.     When  a  .rcnatorial  di.?trlct  shall  be 

ooinposed  of  two  or  more  conntio.-.  It  sliall  not  be 

entirely    separated    by    any   comity  belonging   to 

anothci-  di.^trict.  and  no  county  sliall  be  divided  in 

forming  a  district.  , 

.,  Sec.  14.     Xo  pt  r.-ou  .-liainie  a  .rfaatoi-unlesslie 

9'^*^'^^' be  a  citizen  of.  and  shall  luivc  been  an  inhabitant 

.senators,    ^^^  ^''^"   State    tor  (bur  year-    next    preceding  his 

election,  and  the  la.'^tyear  thereof  a  resident  of  the 

district   for  which    he    slnill   Itc  chosen,  and  have 

attained  the  ago  of  iliii-ty  yeai's. 

Sec.  15.     The  llonse  of  lAcpre.<<Miiatives.  \vhcn 

assembled,  shall  choose  a  speaker  and.  its  other  of- 

Speaker officers,  and  the  Senate  shall  choost'  a  j)resident   nnd 

officers  ^'"  f'<-'ations  and  elections  of  its  own   members,  but  a 
contested  election  shall  be  dett^'niined  in  such  man- 
ner as  shall  Itc  directed  by  law.     A  majority  of  nach 
liouse  shall  con.^titnte  ;i  (piornni  lo  do  business,  Init 
a  smaller  number  may  adjourn  from  day  to  day.  and 
amy  compel  the  attendance  of  al>seiit  member.",  in 
such  manner  andundrr  sncli  pcnaltif-;  aa  each  house 
may  provide. 
Powers      Sj:;c.   1G.     Each  hou.-e  niay  determine  the  rules  of 
of  eachJt^  q-^-yi  proceedings,  puni.sh  members  for  disorderly 
hous.         beliavior,  and,  Avith  the  consent  of  tv  r>-third>i,  expel 
a  member,  but  not  a  second  tinn'  lor  thesaniecause: 
and  shall   have  all  other   powers    necessary  for  a 
branch  of  the  legislature  of  -.\  fre<Mind  independent 
State. 
Journals      '^EC.  IT.     Each  house  shall  keep  a  journal  of  its 
of  yeas  proceedings,  and  publish  the  f^arae;  and  the  yeas  and 
and  nays,  nays  of  the  manbers  of  eitlier  hou.-jc,  on  any  ques- 
tion, shall,  at  the  desire  of  any  ibrec  members  pres- 
ent, be  entered  on  the  journal. 

Sec.    18.     When    vacancies   ))appcn   in   either 
Vacancies,  jiouse,  the  Governor,  or  the  person  exercising  the 
powers  of  the  Governor,  shall   ir-r^uc  writs  of  oho 
lions  to  fill  such  vacancies. 

Sec.  19.  Senators  and  Ropr'^>cjitative6  shall,  in 
all  cases,  except  of  treason,  felony,  or  breach  of  the 
Privileged  P®^"^^- ^^  Pr^"^'i^^fi'*^^  fr-'^m  nrre^t  during  the  session 
froiaar-of  the  leg-i«lature,  and  in  going  to  and  returning 
rest ;  ex- from  the  same,  allowing  one  day  for  every  twenty 
ception.  ruilcs  such  member  may  reside  from  the  place  at 
which  the  legislature  is  convened. 


CONSTITUTION   OP    MISSISSIPPI.  99 

Sec.  2U.  Each  house  may  punish,  by  imprison- 
meut  during  the  session,  any  person,  not  a  member, 
for  disrespectful  or  disorderly  behavior  in  its  pres- 
ence, or  for  obstructing  nny  of  its  proceedings  : 
Provided,  such  imprisonment  shall  not,  at  any  one 
time,  exceed  forty-eight  hours. 

Sec.  21.  The  doors  of  each  house  shall  be  open, 
except  on  such  occasions  of  great  emergency  as.  in 
the  opinion  of  the  house,  may  rcrpiire  secrecy. 

Sec.  22.  Neither  house  shall,  without  tlie  con- 
sent of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  -which  they  may 
be  sitting. 

Sec.  2''.  Bills  may  originate  in  either  house,  and 
be  amended,  altered  or  rejected  by  the  other,  but  no 
bill  shall  have  the  force  of  a  law  until,  on  three  sev- 
eral days,  it  be  read  in  each  house,  and  free  discus- 
sion be  allowed  thereon,  unless  four-fifths  of  the 
house  in  which  the  bill  shall  be  pending  may  deem 
it  expedient  to  dispense  Avitli  this  rule  ;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by 
the  speaker  and  president  of  their  respective  houses. 

Sec.  24.  All  bills  for  raising  revenue  shall  origi- 
nate in  the  House  of  Representatives,  but  the  Sen- 
ate may  amend  or  reject  them,  as  other  bills. 

Sec.  25.    Each  member  of  the  legislature  shall    Compen- 
receive,  from  the  public  treasury,  a  compensation  for  nation  of 
his  services,  which  may  be  increased  or  diminished  ^^^  °^®^" 
by  law,  but  no  increase  of  compensation  shall  take 
effect  during  the  session  at  which  such  increase  shall 
have  been  made. 

Sec.  26.     No  senator  or  representative  shall, 
during  the  term  for  which  he  shall  have  been  elected, 
nor  for  one  year  thereafter,  be  appointed  to  any  ^^1^ -^jl 
civil  office  of  profit  under  the  State,  which  shall  ^  q^cq, 
have  been  created,  or  the  emolimients  of  which  shall 
have  been  increased  dm'ing  such  term,  except  such 
offices  as  may  be  filled  liy  elections  by  the  people  ; 
and  no  memlDer  of  either  house  of  the  legislature 
shall,  after  the  conmiencement  of  the  first  session  of 
the  legislature  after  his  election,  and  during  the 
remainder  of  the  term  for  which  he  is  elected,  be 
eligible  to  any  office  or  place,  the  appointment  to 
which  may  be  made,  in  whole  or  in  part,  by  either 
branch  of  the  legislature. 
C-20 


100  CONSTITUTION  OP  MISSISSIPPI. 

Officers     Sec.  27.     No  judge  of  any  court  of  law  or  equity, 
''u\  ^^\^'  ^^^^^^^^7  of  state,  attorney -general,  clerk  of  any 
lature  ^^^  court  of  record,  sheriff  or  collector,  or  any  person 
holding  a  lucrative  office  under  the  laws  of  this 
State,  shall  be  eligible  lo  the  legislature  :  Provided. 
That  officers  in   llic  militia,   to    which   there  is 
attached  no  annual  salary,  and  the  office  of  the  jus- 
tice of  the  peace,  shall  not  be  deemed  lucrative. 
Defaulters      Sec.  28.     No  person  who  has  heretofore,  or  here- 
after, been  a  collector  or  holder  of  public  moneys, 
shall  have  a  seat  in  either  house  of  the  legislature 
until  such  person  shall  liavc  accounted  for,  and  paid 
into  the  treasury,  all  sums  for  whicli  he  may  l)C 
accountable. 

Sec.  29.  The  iirst  election  for  senators  and 
IjIj^^^^*^' representatives  shall  be  general  tlu'oughout  the 
hold'en.  State,  and  shall  be  held  on  the  first  Monday,  and 
day  following,  in  November,  1833  ;  and  thereafter 
there  shall  be  biennial  elections  for  senators  to  till 
the  places  of  those  whose  term  of  service  may  have 
expired. 

Sec.  30.  The  first  and  all  futm-e  sessions  of  the 
Seat  of  legislature  shall  be  held  in  the  town  of  Jackson,  in 
govern-  ^j^g  county  of  Hinds,  until  the  year  1850.  Dm-ing 
the  first  session  thereafter,  the  legislature  shall  have 
power  to  designate,  by  law,  the  permanent  seat  of 
government :  Provided.,  however,  That  unless  such 
designation  be  then  made  by  law,  the  seat  of  govern- 
ment shall  continue  permanently  at  the  town  of 
Jackson.  The  first  session  shall  commence  on  the 
third  Monday  in  November,  in  the  year  1833;  and 
in  every  two  years  thereafter,  at  such  time  as  may 
be  prescribed  by  law. 

Sec.  31.  The  governor,  secretary  of  state  treas- 
urer, auditor  of  public  accounts  and  attorney-general 
shall  reside  at  the  seat  of  government, 

ARTICLE  IV. 

« 

JUDICIAL  department. 

fc  -.  Sec.  1.    The  judicial  power  of  the  State  shall 

Sower       ^^  vested  in  one  high  court  of  errors  and  appeals, 
'      and   such  other  courts  of  law  and  equity  as  are 
hereafter  provided  for  in  this  constitution. 


CONSTITUTION  OF  mSSISSIPPI.  101 

Sec.  2.     The  high  court  of  errors  and  appeals      High 
Bhall  consist  of  three  judges,  any  two  of  whom  shall  c  o  ^irt  of 
form  a  quorum.     The  legislature  shall  divide  the  ^"^,^19^" 
Statf ;  into  three  districts,  and  the  qualified  electors 
of  e:  ich  district  shall  elect  one  of  said  judges  for 
the  term  of  six  years. 

k"'jEC.  3.     The  office  of  one  of  .-Jaid  judges  shall     .judges, 
be  vacated  in  two  j-ears,  and  one  in  four  y eai's.  how  elect- 
an  d  one  in  six  years — so  that,  at  the  expiration  ofed.termof 
ev  ery  two  years,  one  of  said  judgej?  shall  be  elected,  office, 
as  J  aforesaid. 

Sec.  4.     The  higli  court  of  errors  and  appeals  y ""sdic- 
^  ,hall  have  no  jurisdiction  l)ut  such  as  properly  be- 
longs to  a  court  of  errors  and  appeals. 

Sec.  .5.     All  vacancies  tluit  niav  occur  in  said  vavon^^c 
court,  froui  dcatli.  resignation,  or  removal,  shall  be  Qualifica- 
lillcd  ])y  election  as  aforesaid  :  Provided,  hotvever,  tions. 
That  if  the  unexpired  term  do  not  exceed  one  year, 
the  vacancy  shall  be  Hlled  by  executive  appoint- 
ment. 

Sec.  (5.     No  person  shall  be  eligible  to  the  ofiicc  Where 
of  judge  of  the  liigh  court  of  errors  and  appeals,  Golden, 
who  shall  not  have  attained,  atihc  time  of  his  elec- 
tion, the  age  of  thirty  5'ears. 

Sec.  7.     The  high  court  of  errors  and  appeals 
shall  be  held  twice  in  each  year,  at  such  place  ^s^j^^..^^^*' 
the  legislature  shall  direct,  until  the  year  eighteen 
hundred  and  thirty-six,  and  afterwards  at  the  seat 
of  government  of  the  State. 

Sec.  8.  The  secretary  of  state,  on  receiving'all  'i^Qrm  of 
the  official  returns  of  the  first  election,  shall  pro- office, 
ceed  forthwith,  in  the'  presence  and  with  the  assis- 
tance of  two  justices  of  the  peace,  to  determine,  by 
lot,  among  the  three  candidates  having  the  highest 
lumiber  of  votes,  which  of  said  judges  shall  serve 
for  the  term  of  two  years,  which  shall  serve  for  the 
term  of  four  years,  and  which  shall  serve  for  the 
term  of  six  years  ;  and,  having  so  determined  the 
same,  it  shall  be  the  duty  of  the  Governor  to  issue 
commissions  accordingly. 

Sec.  9.     No  judge  shall  sit  on  the  trial  of  any     -^y  j^  g  ^ 
cause  when  the  parties  or  either  of  them  shall  bcju^gg  (jjg, 
connected  Avith  him  by  affinity  or  consanguinity,  or  qualified, 
when  he  may  be  interested  in  the  same,  except  by 
consent  of  the  judge  and  of  the  parties ;  and  when* 
C— 21 


102  CONSTITUTION   OF   MISSISSIPPI. 

ever  a  quorum  of  said,  coun  are  .■T^ituatcd  as  afoi'es^aid. 
ilie  Governor  of  tlic  State  shall  in  such  ca  se  es- 
pecially commission  two  or  more  men  of  hnv  knowl- 
edge, for  tlie  dolerjuinatioii  ihereof. 

Sec.  10.     The  judges  of  said  court  sluill  ree'eive 
Siabries.     c,^.  {\^(,\y  f^orviees  a  oomi»ensalioM  to  V»e  fixed  by  I'aw. 
which  shall  not  1)0  iliuiiiiished  (hiriiia- thoir  eon  tin- 
:iiicc  iu  oflice. 

Skc.  11.     The  judges  of  the  circuit  ccjurt  sh.iill 
Judegfts  i^^j  elected  by  tlie  qualified  electors  of  each  judici  al 
o'ourr''    district,  and  hold  their  offices  for  the  term'of  four 
years,  and  reside  in  their  respective  districts. 
Sec.  12.     Xo  person   shall   1><"   eligible  to    the' 
Qualifica-  office  of  judge  of  the  circuit  court,  who  shall  not  at 
tion;?.         the  time   of  his  electiou.  have  attained   tlic  age  of 
tweuty'six  years. 
Sec.  13.     The  State  shall  be  di-\"ided  into  conve- 
Circuits.  uieut  districts,  and  each  district  shall  contain  not 
less  than  three,  nor  more  than  twelve  counties. 
Sec.  1-1.     The  circuit  courts  shall  have  original 
.Turisdic-  jurisdiction  iu  all  matters,  civil  and  criminal,  within 
tion,  &c.    ^jjj^  State  ;  but  in  civil  cases  only  when  the  princi- 
pal of  the  sum  in  controversy  exceeds  fifty  dollars, 
p,, ,      ,       Sec.  15.     A  circuit  court  shall  be  held  in  each 
courts!^^'^  county  of  this  State,  at  least  twice  in  each  year  ; 
and  the  judges  of  said  court  shall  interchange  cir- 
cuits witli  each  other,  in  such  manner  as  may  be  pre- 
scribed by  laAv,  and  shall  receive  for  their  services 
a  compensation  to  be  fixed  by  law,  which  shall  not 
})e  diminished  during  their  continuance  in  office. 
Sec.  16.     A  separate  superior  court  of  chancery 
Jurisdic-  j^hall  be  established,  with  full  jurisdiction  in  all  mat- 
t'on-  tor  of  equity  :  Provided,  however,  The  legislature 

may  give  to  the  circuit  courts  of  each  county  equity 
jurisdiction  in  all  cases  wdiere  the  value  of  the  thing 
or  the  amount  in  controversy  does  not  exceed  five 
hundred  dollai's  ;  also,  in  all  cases  of  divorce,  and 
ibr  the  foreclosure  of  mortgages.     The  chancellor 
shall   be   elected  by  the   qualified   electors  of  the 
whole  State,  for  the  term  of  six  years,  and  shall  be 
at  least  thirty  vears  old  at  the  time  of  his  election. 
Sec.  17.     The  style  of  all  process  shall  be  "The 
Style  of  State  of  Mississippi,''  and  all  prosecutions  shall  be 
process,     carried  on  in  the  name  and  by  the  authority  of  "The 
State  of  Mississippi,"  and  shall  conclude,  "against 
the  peace  and  dignity  of  the  same." 


CONSTITUTION  OF   JUSSISSIPPT.  103 

Sec,  18.     A  court  of  probate?  shall  be  e5tabli*li-     Probate 
ed  in  eacli  county  of  tlie  State,  with  jurisdiction  in  court, 
all  matters  testaiuentarv.  and  of  administration  in 
orphans'  business,  and  tJie  allotment  of  dower,  in 
cases  of  idiocy  and  lunacy,  and  of  persons  7?o?i  com- .."^^^" 
y«<s'  meidis.   The  jiido-c  of  said  court  shall  be  elected 
by  the  (jualilicd  eh;'Ct(n"S  ol'  the  respective  cotnni(^s. 
I'll!-  the  term  of  two  years.  Clerks. 

Sec.  H).  The  clerk  of  ilu'  hi*i'h  roiirt  of  errors 
and  appeals  shall  be  appointed  by  tli<^  said  court,  for 
the  t<'rin  of  fonr  yi'ars  :  an<l  the  clerks  of  the  jiro- 
linte  and  other  inferior  courts,  shall  be  eliect«'d  l»y 
the  (|ualihcd  electors  of  the  respective  counties.  ;ind 
slmll  hdld  their  othces  for  the  term  <>f  two  years. 

Si;c.  -Jil.  The  (pin!itic<l  e|(>ctor>  of  cadi  county  Board  of 
shall  elect  hve  jieison^^.  loj-  th(>,  term  of  two  years,  ^^^^^®" 
A\lio  >ha!l  constitute  a  board  of  police  for  each 
<oii!i:y.  a  majority  of  whom  may  transact  business  ; 
which  body  shall  have  full  jurisdiction  over  roads, 
highways,  ferries  and  bridees,  and  all  other  matters 
of  county  jiolice  :  and  shall  order  all  county  elec- 
tions, to  till  the  Aacancies  that  may  occur  in  the  of- 
fices of  their  respective  counti(>5.  The  clerk  of  the 
court  of  jU'oljate  shall  )K\the  clerk  of  the  board  of 
police.  f 

Se(  .  21.     No  person  shall  be  eligible  as  a  mem-  Qualifica- 
bc)-  of  said  Ijoard,  who  shall  not  have  resided  onetion. 
year  in  the  county :  but  this  qualification  shall  not 
extend  to  such  Jtew  counties  as  may  hereafter  be 
established,  until  one  year  after  their  orpranization;  ^^'^"^'^'^ 
and  all  vacancies  tliainuiy  occur   in  said  board  shall 
be  supplied  by  election  as  afon-said  to  lill  the  unox- 
j'ired  term. 

Sec.  22.     The  judires  of  all  the  courts  of  this  ^^J^^^-'^^g 
State,  and  also  the  mcmljers  of  the  board  of  thcpgace. 
county  police,  shall,  in  virtue  of  their  offices,  be  con- 
servators of  the  peace,  and  shall  be,  liy  law,  vested 
with  ample  powers  in  this  respect. 

Sec,  23.     A  competent  number  of  justices  of  the     Consta- 
pcace  and  cou^-tables  sliall  be  cliosen  in  each  county,  bles. 
by  the  qualiMcd  electors  tlicrcof,  by  districts,  who 
shall  hold  their  offices  for  the  term  of  two  year::  ; 
the  jurisdiction  of  justices  of  the  peace  ^hall  be  lim- J"*^ices  of 
ited  to  causes  in  which  the  principal  of  the  amount  *'®P®*°®' 
in  controversy  shall  not  exceed  fii'tv  dollars  ;  in  all 


104  CONSTITUTIOX   OF   MISSISSIPPI. 

causes  tried  by  justice.-  of  tlic  peaee,  the  right  of 
ajtpeal  shall  be  secured,  under  sucli  rules  and  i-egu- 
lations  as  shall  be  prescribed  by  law. 

Sec.  24.     The  legislature  may,  from  tiuie  to  time, 
establish  such  other  inferior  courts  as  may  be  deem- 
II  enor.     ^,^|  ^^jp^.^j^j^j.y  r^^^■^^\  abolish  the  same  ■whenever  they 
deem  it  expetlienl. 

Vttornev-  ^'^^^  '^'''  '^''"'^'*'  '"''"^^^  ^^^  ^'^  attoi'uey -general 
general.  *''e('ted  l)y  the  qualified  electors  of  the  State,  and  a 
(•omi>etent  uuiiilici-  of  disti-ict  attorneys  shall  bo 
elected  l»y  the  qualifu.'d  voters  of  their  respective 
districts;  wliose  compensation  and  term  of  service 
shall  be  pre.<cribod  by  law. 

Sec,  26.     The  legislature  shall  provide,  by  law, 

Contested  f,>i-  determining  contested  elections  of  judges  of  the 

•.ections.    |,jj_,.j,  (.,„,|.(  of  ci-i-ors  and  appeals,  of  the  circuit  and 

probate  coiirls.  ami  other  oiHcers. 

_  >FA\  27.     The  judges  ol' the  several  courts  of  this 

>,«^  ^T^'  Stute,  foi'  willful  neuleet  of  dutv  or  other  reasonable 
no  w  r  e  -  in.  '        ■  i        ■    •  .i         i 

moved.  cause,  sluul  be  removed  by  the  governor,  on  the  ad- 
dress ol'  two-thirds  of  both  houses  of  the  legisla- 
ture ;  the  address  to  be  by  joint  vote  of  both  houses. 
The  cause  or  causes  for  which  such  removal  shall 
be  required,  shall  l»e  stated#t  length  in  such  ad- 
dress, and  on  the  journals  of  each  house.  The  judge 
so  intended  to  Vie  removed,  shall  be  notified  and 
admitted  to  a  hearing  in  his  own  defense,  before 
any  vote  for  such  address  shall  pass  ;  the  vote  on 
such  address  shall  be  taken  by  the  yeas  and  nays, 
and  entered  on  the  journals  of  each  house. 
^_  ,  Sec.  28.  Judges  of  probate,  clerks,  sherifis.  and 
indicted^^'  ^^^'^^^^  County  officers,  for  the  willful  neglect  of  duty, 
or  misdemeanor  in  office,  shall  be  liable  to  present- 
ment or  indictment  by  a  grand  jury,  and  trial  by  a 
petit  jury  ;  and,  upon  coiiviclion.  shall  be  removed 


from  office. 


ARTICLE  V. 

EXECUTIVE   DEPARTMENT. 


Sec.  1.    The   chief   executive    power    of   this 
t  n  M^*of  ^^^^^  shall  be  vested  in  a   Governor,  who  shall 


1 


CONSTITUTION   OF   MISSISSIPPI.  lOS 

Sec.  2.  The  Governor  shall  be  elected  by  the  How  dec- 
qualified  elector;?  of  the  State.  The  returns  of  every  *^<^' 
election  for  governor  shall  be  sealed  up  and  trans- 
mitted \o  the  seat  of  government,  directed  to  the 
••Secretary  of  State,  who  shall  deliver  them  to  the 
sj^eaker  of  the  House  of  Representatives   at   the 
next  ensuing  session  of  the  legislature,  during  the 
Ih^st  week  of  wliich  session  the  said  speaker  shall 
open   and   publish   them   in   the  presence  of  both 
houses  of  tlie  legislature.     The  person  having  the 
highest  number  of  votes  shall  1)0  Governor  :  but  if 
two  or  more  shall  be   equal,  and  highest  in  votes, 
then  one  of  tliem  shall  be  chosen  Governor  by  the 
joint  ballot  of  both  houses  of  the  legislature.  Con- 
tested election  for  Governor  shall  be  determined  Contested 
by  both  houses  of  the  legislature  in  such  manner  as  ^^*^^^o° ''^'^ 
prescribed  by  law.  Governor. 

Sec.  H.  The  Governor  shall  be   at  least  thirty  ^    ,.« 
years  of  age.  shall  have  liccu  a  citizen  and  shall  ^jq^s. 
have  resided  in  this  Statcat  least  five  years  next 
l)rcceding  the.  day  of  his  election,  and  shall  not  be 
capalde  of  holding  the  office  more  than  four  years 
ill  any  term  of  six  years. 

Sec.  4.  He  shall  at  all  times  receive  for  his  ser- 
vices a  compensation,  which  sliall  not  he  increased  Compen- 
or  diminished  during  the  term  for  which  ho  shall  be^**'*°"' 
elected. 

Sec.  5.  He  shall  be  commander-in-chief  of  thCp, 
army  and  na.vy  of  this  State,  and  of  the  militia.        °^^fn " 

Sec.  r».  He  may  require  information,  in  writing,  chief, 
from  the  officers  in  the  executive  department,  on 
any  sul3Jcct,  relating  to  the  duties  of  their  respec- 
tive offices. 

•  Sec.  7.  He  may,  in  cases  of  emergency,  convene  Governor 
the  Legislature  at  the  seat  of  government,  or  at  a  to  convene 
<liflcrent  place,  if  that  shall  have  become, since  their  .^^^  ^' 
last  adjournment,  dangerous  from  an  enemy  or  from  J^"'""  , 
disease  ;  and  in  case  of  disagreement  between  the  tur^e^'^  *' 
two  houses  with  respect  to  the  time  of  adjournment, 
adjourn  them  to  such  time  as  he  shall  think  proper, 
not  lieyond  the  day  of  the  next  stated  meeting  of 
the  Legislature. 

Sec.  8.  He  shall,  from  time  to  time,  give  to  the  Duty  of 
Legislature  information  of  the  state  of  the  govern-  Governor, 
iuent,  and  recommend  to  their  consideration  such 
C— 23 


10(j  CONSTITUTION   OF   MISSISSIPPI. 

measures  as  lie  may  deem  u(TOs.<arv  and  expedient. 
Sec.  0.  He  shall    take    euro   tli'al    the    laws    he 
raithfully  executed. 

Sec.  10.  In  all  erimiual  and  poiial  oases.  exee|)t 
in  those  of  treason  and  im|»eachment.  he  shall  liavo 
ower  0  pQ^^r(ij.  to  t'rant  renrieve.s  imd  pardons,  and  remit 
lines,  and  in  oases  oi  lorleiture.  to  stay  the  collec- 
tion until  the  end  of  the  next  session  of  the  Legis- 
lature, and  to  remit  forfeitures  l»y  :ind  with  the  ad- 
vice and  consent  of  the  Senate.  In  eases  of  treason, 
he  shall  have  power  to  grant  reprieves  by  and  with 
the  advice  and  consent  of  the  Senate,  but  may  re- 
spite the  sentence  until  the  end  of  the  next  session 
of  the  Legislatare. 
p     ,  Sec.   11.  All  commissions  shall  ho  in  the  name 

and  l)y  the  authority  of  the  State  of  Mississippi,  lie 
sealed  with  the  great  i~eal.  and  siu'iied  liy  the  (5ov- 
ernor,  and  be  attested  by  the  Secretary  of  State. 
Seal  of  the  ^^^*^-  ^'^'  There  shall  be  a  seal  of  this  State, 
State.  which  shall  l)e  kept  by  the  Governor,  and  used  by 
him  officially,  and  shall  be  <'alled  the  Great  Seal  of 
the  State  of  Mississi])i)i. 

Sec.  13.  All  vacancies  not  )>rovidcd  for  in  thi- 
Constitution,  shall  be  filled  in  such  mannor  as  the 
Legislature  may  prescribe. 

Sec.  1-L  The  Secretary  of  State  shall  iio  ."lected 
Secretary  y^y  tlie  qualilied  electors  of  the  State,  and  shall  con- 
of  State.    tijj^jQ  jjj  office  during-  the  term  of  two  years.  He  shall 
keep  a  fair  register  of  all  the  official  acts  and  pro- 
ceedings of  the  Governor,  imd  shall,  when  recpiired, 
lay  the  same,  and  all  ])apcrs.  minutes  and  vouchers 
relative  thereto,   before  the  liOgislature,   and  shall 
perform  other  duties  as  may  berequiredof  hiin  bvl-aw. 
Governor      Sec.  15.  Every  bill   Avhich  shall    have   passed 
to  sign  or  ijQ^i^  i^ouses  of  the  Legislature,  shall  be  presented  to 
bills;    °     ^'^^  Governor  :  if  he  approve,  he  shall  sign  it,  bul 
if  not,  he  shall  return  it.  with  his  objections,  to  tin 
house  in  which  it  shall  have  originated,  whi(,'h  shall 
enter  the  objections  a  I;  large  npon  their  journals, 
and  proceed  to  I'cconsider  it  :  if.  after  such  recon- 
sideration, two-thirds  of  tlie  house  shall  agree   to 
pass  the  bill,  it  shall  be  sent,  with  the  objections,  t<> 
the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered :  if  approved  by  two-thirdsof  that  house,  it 
Veto.         shall  become  a  law  ;  but  iu  such  case,  the  vote  of 


CONSTITUTION  OF  MISSISSIPPI.  107 

both  houses  shall  be  dclcrmiuod  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  on^  the  journal  of 
each  house  respectively :  if  any  bill  shall  not  be 
returned  by  the  Governor  "within  six  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  become  a  law  in  like  manner  as  if  he 
had  signed  it.  unless  the  Legislature,  l)y  their 
adjournment,  prevent  its  return  ;  in  which  case  it 
shall  not  become  a  law. 

Sec.  1(5.  Every  order,  resolution  or  vote  to 
which  the  concurrenceof  both  houses  may  be  neces- 
sary, except  resolutions  for  the  purpose  of  obtain- 
ing the  joint  action  of  both  houses,  and  on  questions 
of  adjournment,  shall  be  presented  to  the  Governor, 
and.  before  it  shall  take  effect,  be  approved  by  him, 
or,  being  disap])rovcd.  shall  be  re-passed  by  botli 
houses,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Sec.  17.  Whenever  the  office  of  Governor  shall  office  of 
become  vacant,  by  death,  resignation,  removal  from  Governor 
office,  or  otherwise,  the  president  of  the   Senate  vacant  &:c 
shall  exercise  tlie  otiice  of  Governor  until  another 
Governor  shall  be  duly  qualified  :  and  in  case  of 
the  deatli,,  resignation,  removal  from  office,  or  otlier 
disqualification  of  the  ])residcnt  of  the  Senate,  so 
exercising  the  office  of  Governor,  the  speaker  of  the 
House  of  Representatives  shall  exercise  the  office 
until  the  president  of  the   Senate   shall  have  been 
chosen  :  and  Avlien  the  office  of  Governor,  president 
of  the  Senate,  and  speaker  of  the  House,  shall  be- 
come vacant  in  the  recess  of  the  Senate,  the  person 
acting  as  Secretary   of  State  for  the   time  being,  pm-ther 
sliall,  by  i)roclamation,  convene  the  Senate,  that  a  provision, 
president  may   be   chosen  to   exercise  the  office  of 
Governor. 

Sec.  18.  When  either  the  president  or  speaker 
of  the  House  of  Representatives  shall  so  exercise 
said  office,  he  shall  recoive  tlie  compensation  of  the 
Governor  only :  and  his  duties  as  president  or 
speaker  sliall  be  suspended,  and  the  Senate  or  House 
of  Representatives,  as  thecasc  may'be,shall  fill  the 
vacancy  until  his  duties  as  Governor  shall  cease. 

Sec.  19.  A  sheriff  and  one  or  more  coroners,  a 
treasurer,  survevor  and  ramrer.  shall  lie  elected  in 
0—24 


108  CONSTITFTTON   OF   MT^STS^TPPT, 

each  county,  by  tlic  qualified  electors  thereof ;  who 
shall  hold  their  offices  for  two  years,  unless  sooner 
removed  :  except  that  tlie  coroner  shall  hold  his 
office  until  his  successor  be  duly  qualified. 

Sec.  20.  A    State    Treasurer   and   Auditor   of 

and  Audi- ^"^■'^^^  Accounts  shall  be  elected  by  the  qunlihed 

^j.         '  electors  of  the  State,  who  shall  hold   their  offices 

for  the  term  of  two  yeai'S,  unless  sooner  removed. 

MILITIA. 

Section.  1.  The  Legislature  shall  provide,  by 
Militia,     law,  fo;i'  organizing  and  disciplining  tlie  militia  of 
this  State,  in  such  manner  as  tliey  may  deem  expe- 
dient. 

Sec.  2.  Commissioned    officers    of   the  militia 
Militia    (^staff  officers  and  the  officers  of  volunteer  compa- 
^^^'    nies  excepted.)  shall  be  elected  by  the  persons  liable 
to  perform  military  duty,  and  the  qualified  electors 
within  their  respective  commands,  and  shall  be  corn- 
Powers  of  ^^^^^^*^^^®^  ^y  ^^®  Governor. 
GoTernor      Sec.  3.  The  Governor  shall  have  power  to  call 
to  call  out  forth  the  militia  to  execute  the  laws  of  the  State,  to 
militia.      suppress  insurrection,  and  to  repel  invasion. 

ARTICLE  VI. 

impeachments. 

Impeach-       SECTION  1.  The  House  of  Rcprcsoutativcs  shall 

ment.        j^g^yg  ^j^^  j^^^j^,  po^^er  of  impeaching. 

Extent  of,      Sec.  2.  All  impeachments  shall  be  tried  by  the 

etc.  Senate  :  when  sitting  for  that  purpose,  the  senators 

shall  be  on  oath  or  affirmation  :  no  person  .^hall  be 
convicted  Avithout  the  concurrence  of  two-thirds  of 
the  members  present. 

Sec.  3.  The  Governor  and  all  civil  officers  shall 
be  liable  to  impeachment  for  any  misdemeanor  in 
office  ;  but  judgment  in  such  cases  shall  not  extend 
further  than  to  removal  from  office,  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust,  or  profit 
under  tho  State  ;  but  the  party  convicted  shall 
nevertheless,  be  subject  to  indictment,  trial  and 
punishment,  accoi-diug  to  law,  as  in  other  cases, 


CONSTITUTION   OF  MISSISSIPPI.  109 

ARTICLE  VII. 

GENERAL  PROVISIONS. 

Section  1.  Members  of  the  Legislature,  and  all 
officers,  executive  and  judicial,  before  they  enter 
upon  the  duties  of  their  respective  offices,  shall  take  ^^^^  ^^ 
the  following  oath  or  affirmation,  to-wit :  "I  do  ^  ' 
solemnly  swear,  (or  affirui,  ns  the  case  may  be,)  that 
I  will  support  the  constitution  of  the  State  of 
Mississippi,  so  long  as  I  continue  a  citizen  thereof, 
and  that  I  will  faithfully  discharge,  to  the  best  of 

my  abilities,  the  duties  of  the  office  of , 

according  to  law — So  help  me,  God." 

Sec.  2.  The  Legislature  shall  pass  such  laws  to 
prevent  the  evil  practice  of  dueling,  as  they  may  Dueling, 
deem  necessary  ;  and  may  requii-e  all  officers,  before 
they  enter  upon  the  duties  of  tlieir  respective 
offices,  to  take  the  following  oath  or  affirmation  :  "1 
do  solemnly  swear  (or  affirm,  as  the  case  may  be,) 
that  I  have  not  been  engaged  in  a  duel,  by  sending 
or  accepting  a  challenge  to  fight  a  duel,  or  by  fight- 
ing a  duel,  since  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  nor  will  I  be  so  engaged  during  my 
continuance  in  office — So  help  me,  God." 

Sec.  3.  Treason  against  the  State  shall  consist  m 
only  in  levying  war  against  it,  or  in  adhering  to  its 
enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  his 
own  confession,  in  open  court. 

Sec.  4.  Every  person  shall  be  disqualified  from  Bribery  at 
holding  an  office  or  place  of  lienor  or  profit  under  elections, 
the  authority  of  this  State,  who  shall  be  convicted 
of  having  given  or  offered  any  bribe  to  secure  his 
election.  Laws  shall  be  made  to  exclude  from  office    ^°,°\^^j^ 
or  suffrage  those  who  shall  hereafter  be  convicted  ^^'^^"^'^ 
of  bribery,  perjury,  forgery  or  other  high  crimes  or 
uiisdemeanors.     The  privilege  of  tlie  free  suffrage   uffrage. 
shall  be  supported  by  laws  regulating  elections,  and 
prohibiting,  under  adequate  penalties,  all  undue  in- 
tluenccs  therein,   from   power,   bribery,   tumult,  or 
other  improper  conduct. 

Sec.  5,  No  person  wlio  denies  the  being  of  a 


110  f'ONSTITUTION   OF   mSSTSSIPPI. 

Atheist.     God.  or  a  future  state  of  reward.«  and  ))unishments, 

sliall  hold  any  ofllce  in  the  civil  dopartiuont  of  this 

State.  "  • 

When         ^-^Q^  (3      >;q   \^^y^  ^^^  j^  crcueral  nature,  uule^^s 

jj^'^^J^^g^^  otherwise  j>rovided  for,  shall  be  enforced  until  sixly 

■  days  after  the  passage  thereof. 
Money  ^^EC.  7.     Xo   money   shall  be  drawn  from    the 

drawn       treasury,  but  in  conseciuence  of  an  approj>riation 
from  trea-made  by  law  :  nor  .shall  any  appropriation  of  money 
sury.        for  the  support  of  an  army   be  made  for  a  longer 
term  than  one  year. 

Sec.  8.  No  money  from  ilie  treasury  shall  be 
appropriated  to  objects  of  internal  improvement, 
unless  the  bill  for  that  purpose  be  passed  by  two- 
thirds  of  both  branches  of  the  Legislature  :  and  a 
regular  statement  and  account  of  the  receipts  and 
expenditures  of  public  money:-  A\aW  be  published 
annually. 

Sec.  9.  No  law  shall  e\er  be  [.assod  to  raise  a 
State  loan  of  money  upon  the  credit  of  the  State,  or  to 
loans.  ])ledge  the  faith  of  the  State  for  the  redemption  of 
any  loan  or  debt,  unless  such  law  be  proposed  in  the 
Senate  or  House  of  Representatives,  and  be  agreed 
to  by  a  majority  of  the  members  of  each  house,  and 
entered  on  the  journals,  with  the  yeas  and  nays 
taken  thereon,  and  bo  icfcrred  to  the  next  suc<'eed- 
ing  Legislature,  and  jtublished  foi-  three  months  pre- 
vious to  the  next  regular  eleciion,  in  throe  newsi»a- 
pers  of  this  State ;  aiid  unless  a  majority  of  each 
l>rauch  of  the  Legislature  so  elected,  after  such 
publication,  shall  iagree  to  and  pass  such  a  law  ; 
and  in  such  case,  the  yeas  and  nays  shall  be  taken 
and  entered  on  the  journals  of  each  house :  JPro- 
vided.  that  nothing  in  this  section  shall  be  so  con- 
strued as  to  ])rcvent  the  Legislature  from  ii('g<>tiat- 
ing  a  further  loan  of  one  and  a  half  millions  of  dol- 
lars, and  vesting  the  same  in  stock  reserved  to  the 
State  by  the  charter  of  the  Planters'  Baids  of  the 
State  of  Mississip])i. 

And  provided  further.  That  the  Legislature  may 
raise  a  loan  of  money  and  pledge  the  faith  of  the 
State  for  the  i)aymeni  thereof,  Avhen  j'cquired  to 
suppress  insurrections,  repel  invasions,  or  provide 
for  the  defense  of  the  State. 
Suits         Sec.  10.    The  Legislature  sliall  direct,  by  law, 


CONSTITUTION   OK   MISSISSIPPI.  HI 

hi  wliat  mauuer.  and  in  avIkii  ('ourt?^,   suits  may  be  against 
lironglit  against,  the  Siato,  the  State. 

r^EC.  11.     Absence  on  business  of  this  State,  01*^-,.,.  ,  .. 
on  a  visit,  or  necessary  private  business,  shall  not   ''^^'P' 
cause  a  forfeiture  of  citizensliip  or  residence  once 
olitained. 

Sec.  12.     It  shiill  lie  ilie  duty  of  the  J-iGgislaturc  j^g^ygj-jQ^ 
lo  reo^uhite.  ])y  hnv.   the  cases  in  whicli  deductions  from  sala- 
-liall   be  made   from  suhirie«  of  j)uV)lic  officers  forries. 
lioo'lcci  of  duty  in  tlieir  oflioinl  capncity.  and  the 
amouui  of  -juch  deduction.  •* 

Sec.    I:'..     No  person  hoKh'ug-  any  office  of  prolit  Who  dis- 
or  trust  uadcr  any  foreign  power,  shall  hold  or  cx-^"*^^^^ 
ercise  any  ollii^''  of  trust  or  profit  under  this  State.  ^^^^  ^^ 

Sec.  14.     b'clieion.  morality  aiul  knowledge  ^^o- g^j^^^jg 
ing  necessary  to  good  Liovernmcnt.  the  preservation  and    edu- 
of  liberty  and  the  happiness  of  juankind.  schools  and  cation, 
the  means  of  education  shall  forever  be  encouraged 
in  this  State. 

Sec.  15.     Divorces  from  the  bonds  of  matrimo- Divorces, 
ny  shall  not  Ite  granted  but  in  cases  provided  for 
by  law.  by  suit  iji  cljanccry. 

'  Sec.  lii.  Returns  of  all  elections  by  the  people  Election 
sliall  be  made  to  the  Secretary  of  State,  in  such  returns, 
numner  as  may  be  prescribed  by  law. 

Sec.  17.     Xo  new  county  shall  be  established  by  ^^ 
the  Legislature,  whii'h  shall  reduce  the  county  or  jjgg 
counties,  or  cither  of  them,  from  which  it  may  be 
taken,  to  less  contents  than  live  hundred  and  sixty- 
six  sfpiarc  miles  ;  nor  shall  any  new  county  be  laid 
off  of  less  contents. 

Sec.  18.  The  Legislature  shall  have  power  to  lu^jang, 
admit  to  all  the  rights  and  ])rivileges  of  free  white 
citizens  of  this  State  all  such  persons  of  the  Choc- 
taw and  Chickasaw  tribes  of  Indians  as  shall 
choose  to  remain  in  this  State,  upon  such  terms  as 
the  Legislature  may  from  time  to  time  deem 
proper. 

r-TAVES. 

Section  1.     The  Legislature  shall  liave  no  pow-  j^mancipa 
cr  to  pass  laws  for  the  emancipation  of  slaves  with-  ^j^^  ^f 
out  the  consent  of  their  owners,  unless  where  the  how  made 
slave  shall  have  rendered  to  the  State  some  distin- 


112  CONSTITUTION   OF   MISSISSIPPI. 

guishcd  service,  iu  whicli  case  the  owner  shall  be 

paid  a  full  equivalent  for  the  slave  so  emancipated. 

They  shall  ha^  e  no  ]»owor  to  prevent  emigrants  to 

this  State  from  bringinu:  with  them  such  persons  as 

are  deemed  slaves  by  the  laws  of  any  (Hie  of  the 

United   States,  so  long  as  any  person  of  the  same 

age  or  description  shall  be  continued  iu  slavery  by 

the  laws  of  this  State  ;  Provided,  that  such  person 

or  slave  be  the  Imna  fide  pro]ierty  of  such  emi- 

gl^ygg  cQ^  gi'ants  :  and,  provided,  cdso)\t\\i\t  laws  may  be  passed 

victed  of    to  prohibit  the  introduction  into  this  State  of  slaves 

crimes,      who   may  have   committed  liigh   crimes  iu  other 

States.     They   shall  haxQ  power  lo  pass  laws  to 

permit  the   owners  of  slaves  to  emancipate  them, 

saving  the  rights  of  creditor.s,  and  preventing  them 

from  becoming  a  public  cliarge.     They  shall  have 

full  power  to  oblige  the  owners  of  slaves  to  treat 

them  with  humanity,  to  provide  for  them  necessary 

clothing  and  provisions,  to  abstain  from  all  injuries 

to  them  extending  to  life  or  liml),  and  in  case  of 

their  neglect  or  refusal  to  comply  with  the  direc- 

Treatmo't  ^ions  of  such  laws,  to  have  such  slave  or  slaves  sold 

of  slaves,  for  the  beneht  of  the  owner  or  owners. 

Sec.  2.     The   introduction  of  slaves  into   this 
Slaves  as  State  as  merchandize,  or  for  sale,  shall  1)e  prohib- 
merchan-  ^^^^  fYoni  andr«sftcr  the  first  day  of  May,  eigliteeu 
^^^'         hundred  and  My^^^i'ce  ;  Provided,  that  the  actual 
settler  or  settlers  shall  not  Ije  prohibited  from  pur- 
chasing  slaves  in  any  other  State  in  this  Union 
and  bringing  them  into  this  State  for  their  own 
individual  use,  until  the  year  eighteen  lumdred  and 
forty-five. 

Sec.  3.     In  the  prosecution  of  slaves  for  crimes 
f on^°of'   ^^  '\vhich  the  punishment  is  not  capital,  no  inquest 
slaves.      ^^y  ^  gi^'^iiitl  jury  shall  be  necessary  ;  but  the  pro- 
ceedings in  sucli  cases  shall  be  regulated  l\v  law. 

MODE  OF  llEVISING  THE   CONSUTUTION. 

Whenever  two-thirds  of  each  branch  of  the  legis- 

Constitu-  lature  shall  deem  any  change,  alteration  or  amend- 

tion,  hoWjj^Qj-^^  necessarv  to  tliis  constitution,  such  proposed 

change,  alteration  or  amendment  shall  be  read  and 

passed  by  a  majority  of  two-thirds  of  each  house 

respectively  on  each  day  for  three  several  days ; 


CONSTITUTION  OF  MISSISSIPPI.  118 

public  notice  thereof  phall  tlieu  1)C  given  l)y  the 
secretary  of  state,  at  L  .ist  six  months  preceding  the 
next  general  election,  at  Avhich  the  qualified  elec 
tors  shall  vote  directly  for  or  against  such  change; 
alteration  or  amendment :  and  if  it  sluill  appear 
that  a  majoril}-  of  the  qualified  electors  voting  for 
members  of  tlie  legislature  shall  have  voted  for  the 
proposed  change,  alteraliou  or  amendment,  then  ii 
shall  be  inserted,  Ijy  tlie  next  succeeding  legisla- 
ture, as  a  part  of  this  constitution,  nnd  not  other- 
wise. 

SCHEDULE. 

Sec.  1.  .Ul  rights  vested,  and  all  liabilities  ill- KighLs 
currcd,  shall  remain  the  same  as  if  this  constitution  vested, 
had  not  l)een  adopted. 

Sec.  .  2.  All  suits  at  law  or  in  C(]uily,  now  pend- 
ing in  the  several  courts  of  this  State,  may  be  trans- 
ferred to  sucli  courts  as  may  liave  proper  jurisdic- 
tion thereof. 

Sec.  ?>.  The  Governor,  and  ail  officers,  civil  Offic's,&c. 
and  military,  now  holding  commissions  under  the 
authority  of  this  State,  shall  continue  to  hold  and 
exercise  their  respective  offices  until  they  shall  be 
superseded  pursuant  to  the  provisions  of  this  con- 
stitution, and  until  tlicir  successors  lie  duly  qual- 
itied. 

Sec.  4.  All  laws  now  in  force  in  the  State,  not 
repugnant  to  this  constitution,  shall  continue  to 
operate  until  they  shall  expire  by  their  own  limita- 
tion, or  be  alteretl  or  repealed  Jiy  th(.^  Legislature. 

Sec.  5.  Inmiediately  u])on  the  adoption  of  this 
constitution,  the  president  of  this  convention  shall 
issue  writs  of  election,  directed  to  the  shcriils  of  the 
several  counties,  requiring  them  to  cause  an  election 
to  be  held  on  the  first  Monday  and  day  following 
in  December  next,  for  members  of  the  Legislature, 
at  the  respective  places  of  holding  elections  in  said 
counties  ;  which  elections  .shall  be  conducted  in  the 
manner  prescribed  by  the  existing  election  laws  of 
the  State  ;  and  the  members  of  the  Legislature,  thus 
elected,  shall  continue  in  office  until  the  next  gener- 
al election,  and  shall  convene  at  the  scat  of  govern- 
ment on  the  first  Monday  in  January,  eighteen  lum- 


114  CONSTITUTION    OF   MliJSISSlPPI. 

(Irotl  and  thivly-thrce  :  and  slinll,  al  tlioir  first  ses- 
sion, ordor  an  election  to  be  lield  in  every  county 
<»f  this-Slate.  on  the  lirst  Monday  of  May  and  day 
tbllowin<r.  eijrhteon  hundred  and  thirty  three,  for  all 
state  and  county  officer.-^  under  this  constitution, 
(memViorr-  of  tlie   Lej^-islature  excepted ;)  and   the 

How  long  oilier  oflicers  then  elected  shall  continue  in  office 
<>^'^<^'*  until  the  sncceedin.u"  .ti'cneral  election,  and  after,  in 

hrst  elect- ijjj^  same  manner  as  if  the  election  had  taken  place 

ed  to  con-    ^  ,i      ^.        i      ,      ^  •  i 

tinu*  in  ''^  ^''*^  ^^"'^  ^''^^  atorCf^aul. 

office.  Sec,  (».  Until  the  lir^t  cnunieraiion  shall  be 
made,  as  directed  by  this  constitution,  the  appor- 
tionment of  senators  and  representatives  among  the 
several  districts  and  counties  in  this  State,  shall 
remain  as  at  present  fixed  by  law. 

P.  RUTILUS  R.  L'iJAY, 

rrcsiderit  of  the  ■Convention,  and 
*  Reprc^'Oifafive  from  tJ/e  Convfy  of  Hrincock. 

Attest  : 
John  H.  Mallory,  Secretary. 


AMENDMENTS    TO    THE   CONSTITUTION. 


SLAVES. 

The  Jjcoislature  shall  have,  and  are  hereby  vested 
Avith  power  to  pass  such  laws  regulating  or  prohib- 
iting the  introduction  of  slaves  into  this  State,  as 
may  be  deemed  }iroper  and  expedient. 

Adopted.  February  2d,  184('>. 

l!OAHJi  OK   POLICE. 

The  qualified  electors  of  each  county  shall  elect 
five  persons,  by  districts,  for  the  term  of  two  years, 
Avho  shall  cojistitute  a  Board  of  Police  of  each 
county,  a  majority  of  whom  may  transact  business; 
which  liody  shall  have  full  jurisdiction  over  roads, 
liiffliAvays,  ferries  and  bridges,  and  all  other  matters 


AMENDMENTS  TO   THE   CONSTITUTION.  115 

of  couutv  policy  :  and  shall  Older  all  county  elec-  ^ 

tions  to  fill  vacancies  that  may  occur  in  the  offices 
of  their  res]icctive  counties. 

The  clerk  of  the  Court  of  Prolxite  shall  he  clerk 
of  the  Boards  of  County  Police. 

Adopted.  :March  12th'  18.52. 

CHANCERY   COURT. 

Chancer}"  Courts,  with  full  jurisdiction  in  mat- 
ters of  equity,  shall  be  hold  in  each  judicial  district 
by  the  circuit  judge  thereof,  at  such  time  and  place 
as  may  be  directed  by  law.  The  Superior  Court 
of  Chancery,  and  the  several  Vice- Chancery  Courts, 
shall  continue  as  now  or<ranizcd,  until  the  firsi 
Monday  of  Xovember,  one  thousand  eight  hundred 
and  fifty-seven,  for  tlie  disposition  of  cases  now 
dependino-  therein.  The  Legislature  shall  provide 
by  law  for  the  preservation  of  the  records  of  the 
said  Superior  Court  of  Chancery  and  of  said  Vice- 
Chancery  Courts,  and  also  for  the  transfer  of  all 
causes,  that  nu\y  remain  undetermined  therein,  to 
other  courts,  for  final  deci.sion. 

Adopted.  February  Clh.  185G. 

TENURE    or    PUrU.lC    OITTCERS. 

All  public  oHieers  in  this  Slate,  Legislative,  Ex- 
ecutive and  Judicial,  whose  terms  of  office  expire 
at  the  general  election  to  be  held  in  the  year  one 
thousand  eiglit  hundred  and  fifty-seven,  or  at  any 
subsequent  general  election,  shall  continue  to  hold 
their  offices  until  the  lirst  Monday  of  January  next 
following  the  expiration  of  said  terms,  and  until 
llieir  successors  shall  lie  (jualified  :  Provided,  such 
of  said  officers  as  are  required  to  give  bond  for  the 
discharge  of  their  duties,  shall  give  bond  and  secu- 
rity for  the  said  extended  term,  as  may  be  provided 
l)y  the  TiOgislaturo  :  and  the  terms  of  office  of  all 
officers  cho.^cu  at  the  general  election  in  the  year 
eighteen  hundred  and  lifly-scven,  or  at  any  subse- 
<iuent  general  election,  shall  commence  on  the  first 
Monday  of  January  next  succeeding  the  election, 
and  shall  continue  for  the  time  now  fixed  by  the 


116  AMENDMENTS  TO  THE   CONSTITUTION. 

» 

constitution,   and   until    tlieir   successors  sliall  be 
qualified. 
Adopted,  February  6tb,  185G. 

P^LECTIONS. 

I  All  general  elections  by  the  people  of  this  State 

sliall  be  held  on  the  first  Monday  in  October,  and 
be  concluded  in  one  day  ;  on  the  first  Monday  in 
October,  1857,  and  biennially  thereafter,  an  election 
shall  be  held  for  all  State  officers  and  members  of 
the  Legislature,  except  for  officers  and  senators 
entitled  to  hold  over  after  November,  1857,  who 
shall  continue  in  office  until  their  successors  are 
entitled  to  succeed  them  therein.  The  Legislature 
shall  convene  on  the  first  Monday  of  November, 
1857,  and  biennially  thereafter,  but  may  be  espe- 
cially convoked  by  the  Governor  at  other  times. 
The  Governor's  official  term  shall  commence  on  the 
third  Monday  of  November,  and  that  of  the  Secre- 
tary of  State,  Auditor  of  Public  Accounts,  State 
Treasurer  and  Attorney  General,  on  the  first  Mon- 
day of  January  next  after  his  and  their  election  : 
but  the  Attorney  General  shall  hold  his  office,  as 
heretofore,  for  the  terra  of  four  years.  On  the  first 
Monday  of  October,  1858.  and  biennianly  thereaf- 
ter, an  election  shall  be  held  for  all  county,  district, 
judicial  and  ministerial  officers,  (except  officers  Avho 
may  then  be  entitled  to  hold  over  after  January, 
1859,  or  until  the  time  of  holding  another  election:) 
and  the  official  term  of  all  such  officers  then  and 
thereafter  elected,  shall  commence  on  the  first  Mon- 
day of  January  next  after  this  election  ;  but  all 
such  officers  elected  in  1855,  or  previously,  whose 
official  terms,  in  the  absence  of  this  provision, 
would  expire  in  November,  1857,  shall  continue 
in  office  until  the  first  Monday  of  January.  1859. 
Adopted,  February  2d,  1856. 

AMENDMENTS   BY  THE  STATE   CONVENTION. 

Be  it  ordained  and  declared,  and  it  is  hereby  or- 
dained and  declared,  That  the  Legislature  shall 
have  power  to  fix  the  time  of  holding  all  elections, 
and  may  adjust  the  terms  of  office  to  conform  to 


AMENDMANTS  TO  THE   CONSTITUTION.  117 

any  changes  hereafter  to  be  made,  and  may  fix  the 
time  for  the  commencement  of  its  biennial  sessions. 

Be  it  ordained  and  declared,  and  it  is  herelyy 
ordained  and  declared,  That  if  any  part  of  the  pre- 
sent Constitution  of  the  State  of  Mississippi  shall 
be  in  conflict  witli  any  ordinance  passed  by  this 
Convention,  such  jtartof  the  said  Constitution  shall 
be  lield  to  1)0  abro<ratcd  and  annulled  to  the  extent 
of  such  conflict,  ])ut  no  further. 

Adopted,  January  20tli,  1861. 

■  WILLIAM  S.  BARRY, 
President  of  the  Convention. 


ORDINANCES 


o(.'  Tin: 


STATE   OF  MISSISSIPPI. 


AN  ORDINANCE  to  dissolve  the  Union  between  tlie 
State  of  Mississippi  and  other  States  United  with  her 
under  the  Compact  entitled  "Ihc  ''o-i^titntinn  of  t]ie  United 
States  of  America." 

The  jJco^lc  of  the  State  (>f  Mississippi,  in  Conven- 
tion assembled.  (Jo  ordain  ami  declare,  and  it  is 
herchy  ordo.ined  and  dcekn-ed  as  foJIows.  toHot: 

Section  1st.  TIidI.  all  the  laws  and  ordinances 
by  which  the  s^aid  State  of  ^fissi^sippi  liecame  a 
member  of  the  Federal  Union  of  the  United  States 
of  America  be,  and  the  panic  are  hereby  rgpealed, 
and  that  all  obligations  on  the  part  of  the  said 
State  or  the  people  thereof  to  obserre  thcsame,  be 
withdrawn,  and  that  llie  said  State  doth  hereby 
rcsimic  all  the  rights,  fmictions-  and  powers  which, 
by  aiiyof  said  laws  or  ordinances,  were  conveyed 
to  ttie  government  of  the  said  United  States,  and 
is  absolved  from  all  the  obligations,  restraints  and 
duties  incurred  to  the  said  Federal  Union,  and 
shall  from  henceforth  be  a  free,  sovereign  and  inde- 
pendent State. 


120  ORDINANCES  OF  MISSISSIPPI. 

Section  2nd.  That  so  nuicli  of  the  first  section 
of  the  seventh  articlo  of  the  Constitution  of  this 
State  as  requires  members  of  the  Legislature,  and 
all  officers,  cxeaitive  and  judicial,  to  take  an  oath 
or  affirmation  to  support  the  Constitution  of  the 
United  States,  be,  and  the  same  i?  hereby  abrogated 
and  annulled. 

Section  3rd.  Thai  all  rights*  acquired  and 
vested  under  the  ('onstitution  of  the  United  States, 
or  under  any  act  of  Congress  ])assed,  or  treaty 
made,  in  pursuance  thereof,  or  under  any  law  of 
this  State,  and  not  ineompatiljlc  with  this  Ordi- 
nance, shall  remain  in  force  and  have  the  same  effect 
as  if  this  Ordinance  had  not  been  passed. 

Section  4th.  That  the  people  of  the  State  of 
Mississippi  hereby  consent  to  form  a  Federal  Union 
Avith  such  of  the  States  as  may  have  seceded  or 
may  secede  from  tlic  Union  of  the  United  States  of 
America,  upon  the  basis  of  the  present  Constitution 
of  the  said  United  States,  except  such  parts  thereof 
as  embrace  other  portions  than  such  seceding 
States. 

Thus  ordained  and  declared  in  Convention  the  Uth 
day  of  January,  in  the  Year  of  Our  Lord  One 
Thousand  Eight  ITundrcd  and  Sixty-one. 

IN  TESTIMONY  of  the  passage  of  which. 
and  the  determination  of  the  members  of  this  Con- 
vention to  uphold  and  maintain  the  State  in  the  posi- 
tion^  she  lias  assumed  In/  said  Ordinance,  it  is 
signed  hy  the  President  and  Members  of  this  Con- 
vention this  the  ffteenfh  dof/  of  f/amiary,  A.  D., 
1861. 

W.  S.  BARRY,  President. 

Adams  County — A.  K.  Farrar,  J.  Winchester. 

Attala— E,  H."  Sanders. 

Amite— D.  W.  Ilurst. 

Bolivar— 'M.  IT.  McGehee. 

CarroU-.T.  Z.  George,  W.  Booth. 

Claibornr—U.  T.  Ellett. 

Coahoma — J.  L.  Alcorn. 

Copiah — P.  S.  Catching,  B.  King. 

Clarke— S.  H.  TerraL 


ORDINANCES  OF  mSSISSIPPI.  121 

Glwctaw—W.  F.  Brantley,  W.  H.  Witty,  J.  H. 

Edwards. 
Chickasaw — J.  A.  Orr,  C.  B.  Baldwin. 
Covington — A.  C.  Powell. 
CmJJioiin — W.  A.  Sumner,  M.  D.  L.  Stephens. 
DeSoto—J.  R.  Chalmers,   S.   D.   Johnston,   T. 

Lewers. 
Fmnldin — D.  H.  I'arker. 

Green— i:.  J.  Roberts.  » 

Hinds— W.  P.  Harris,  W.  P.  Anderson,  W.  B. 

Smart. 
Holmes — J.  M.  Dyer,  W.  L.  Keirn. 
Harrison — D.  C.  Glenn. 
Hancock — J.  B.  Deason. 
Issaquena — A.  C.  Gibson. 
Itawamba— R.  0.  Beene,  A.  B.  Bullard,  W.  H. 

H.  Tison,  M.  C.  Cummings. 
Jasper — 0.  C.  Dease. 
Jackson — A.  E.  Lewis. 
Jefferson — J.  S.  Johnston. 
Jones — J.  H.  Powell. 
Kemper— 0.  Y.  Neely,  T.  H.  Woods. 
Lawrence — W.  Gwin. 
Lowndes — George  R,  Clayton. 
Leake— W.  B.  Colbert. 
Lauderdale — J.  B.  Ramsey,  F.  C.  Scmmcs. 
Txifayette — L.  Q.  C.  Lamar,  T.  D.  Isom. 
Marshall— A.    M.    Clayton,   J.    W.    Clapp,  S. 

Benton,  H.  W.  Walter,  W.  M.  Lea. 
Madison— A.  P.  Hill. 
Monroe — S.  J.  Gholson,  F.  M.  Rogers. 
Marion — H.  Mayson. 
Noxubee — Israel  Welsh. 
Neshoba — D.  M.  Backstrom. 
Newton — M.  M.  Keith. 
Oktibbeha— T.  C.  Bookter. 
Perry — P.  J.  Myers. 
Pike— J.  M.  Nelson. 
Panolor—J.  B.  Fizer.  E.  F.  McGchee. 
Pontotoc— C.  D.  Fontaine,  J.  B.  Herring,  H.  R.. 

Miller,  R.  W.  Flournoy. 
Rankin — Wm.  Denson. 
Sunflower — E.  P.  Jones. 
Simpson — W.  J,  Douglas. 
>•  mt  j'/i--  W ,  I'hompson , 


122  ORDINANCES  Of  JHSSTSBIPPI. 

Scott— 0.  W.  Tavlor. 

Talhh(ttclde~^\,  JPattisoii. 

l^ishomUtro—k.Y.:  Rc}TiolcL?,  W.  W.  P...,,.]-.  T. 

P.  YonucT,  J.  A.Plair. 
Tmi'ira—,^.  Miller. 
Tippah— 0.  Davis.    .1.   11.  BeiT\ .   .1.  S.  Davis. 

D.  B.  VVriglit. 
Washington — .f.  S.  Yorirci . 
ini/dmon—A.  (\  HoU. 
[r(;V"t->— W.  J.  Eckford. 
IVa'n-cn—W.  Brooke.  T.  A.  Mar.^hall. 
iT^/,^s/o,i_j.  Kenncdv,  W.  S.  Bolliji--. 
Yallohu^ha—P.'M.  Aldriclg-e,  AV.  P.  Bark.-tdale. 
VV^roo — IT.  Yanii'liai).  d.  P.  Wilkinson. 


riTATTPl?  IT. 


AN  ORDINANCE  to  rci;ulalc  the  Military  System  of  the 
State  of  Mississippi. 


Of  orean-      ^KCTION.l.      /jr  ii  u/ciu/nd   mj   //ic  j»(>/)lr.  o/'  the 
feation.      State  of  Mis^iisbippi  iji  Coiiveiofion  aiScmUecL  That 
one  flivi.=^ion  of  A^oUratcer.-?  be  a.-=  early  as  practica- 
ble enlisted  and  muf-lertxl  into  ^:e^vicc  by  order  of 
tlic  Mjljlai-y  Board  horcinufter  Cyonstitutcd,  to  .«crvc 
^      until   discharged  ;u^  hereinafter  i)rovided,  and  to 
consist  of  four  brigades? ;  ea.ch  brigade  .to  be  com- 
jiosed  of  two  regiment-^,  and  (jai'li  regiiiient  of  ten 
companies  of  infantry,  oj-  i-iflemeu,  apd  each  com- 
pany of  not  les.-<  than  fgrty-eight,  r.or  inorc   than 
ouo  hundred  men,  and  also  not  exceeding  ten  com- 
panies of  cavalry  of  not  less  than  tifty  men  each, 
I        and  not  exceeding  ten  companies  of  artillery  of  not, 
less  than  sixty  men  each,  and  that  the  volunteers  so 
enlisted  shall   not  be  ?ubjcct  in  any  manner  to  the 
officers  of  the  militia.,    ■,  ',:,-.: 
Infantry,     ^EC.  2.     That  tlio-.eight  'Regiments  of  Infantry 
howrai'eJ  or  Riflemen  shall  be  raised  a;^  follows,  tp-wit : 

First  Regiment  from   tliC'cqunties  of    DeSoto 
Marshall,  Tunica,  Coahoma,  Panola,  and  Lafayette 


ORDINANCES  OP  MISSISSIPPI.  123 

Secuiid  Regiment  from  llio  counties  of  Tippali. 
Tishomingo,  Pontotoc  jmd  Itawamba. 

Tliird  Rpginiont  fvom  l)olivnr.  Sunliower.  Wash- 
ington, Ls=a(|iioiia.  Ynzoo.  Wan-en.  (Uaihorne  and 
Jefferson. 

Fourth  Regiment  IVoin  Yalk>l)nsha.  Oallioun,  Cav- 
roll,  Clioctaw.  Hohne^.    AMla  and  Tallaliatehie. 

Fiftli  Regiment  from  Oliickasaw.  Monroe.  Ok- 
tibbeha, Lowndes,  Winston.  Noxubee.  Xe.4u»l)a  and 
Kemper. 

Sixtli  Regiment  from  Mailison,  Ijeake.  Scott. 
Hinds,  Raidvin.  Copiah  and  Simpson. 

Seventh  Regiments  from  Adams,  Franklin.  LaAv- 
rence,  Wilkinson,  Amite,  Pike.  Covinj;^ton  and  Ma- 
rion. 

EightJi  Regiment  from  i\ewton.  Lauderdale, 
Smith,  Jasper,  Clarke,  Jones,  Wayne.  Perry,  Trreene. 
Harrison.  Jackson  and  Hancock. 

And  the  Companies  of  Cavalry  and  Artillery 
shall  be  raised  indiscriminately  from  the  State  at*  Cavalry, 
large,  and  in  case  any  of  the  Regimental  Di^  rricts  as  °^  ^^^  ® 
aforesaid  shall  fail  to  fm^nish  ten  Companies,  the 
Military  Board  are  hereby  authorized  to  raise  from 
other  portions  of  the  State.  Companies  snfiicient  to 
complete  such  Regiment. 

Sec.  3.  That  there  shall  be  one  Major  General  Of  officers, 
and  ^ur  Brigadier- Generals  of  Voluntee]  •;,  to  be 
elected  each  in  succession  by  this  Convention.  One 
Colonel  and  Lieutenant-Colonel,  one  Major  for 
each  Regiment,  one  Captain  and  three  Lieutenants 
for  each  Company,  who  shall  be  elected  by  a  major- 
ity of  the  Volunteers  within  their  respective  com- 
mands, and  that  the  Division,  Brigade,  and  Regi- 
mental Officers  shall  appoint  their  own  Staffs,  and 
each  Captain  shall  appoint  as  many  Sergeants  and  « 
Corporals  as  may  be  necessary. 

Sec.  4.  That  all  officers  of  Volunteers  of  erpial  Of  lauk. 
grade  shall  take  rank  and  precedence  according  to 
priority  of  election  which  shall  be  evidenced  liy  the 
priority  of  commission,  to  be  issued  by  the  Gover- 
nor of  the  State  to  all  officers  elected,  as  heretofore 
provided  and  to  their  staff. 

Sp]C.  5.    That  the  Volunteers  after  being  mus-  of  fur- 
tered  into  service  as  provided  for  in  the  first  sec-  lough, 
tion  of  this  ordinance  shall  be  considered  as  on 


-^ 


124  ORDINANCES  OP  MISSISSIPPI. 

fui'lough,  subject  however  to  ho  drilled  at  such 
times  and  places  within  their  respective  counties  as 
their  couipany  officers  may  order,  until  called  out 
for  drill  or  actual  service  by  their  ^Major-General, 
who,  when  ordered  by  the  Governor,  shall  have 
powei-  and  authority  to  order  all  or  any  portion  of 
said  Volunteers  or  "their  officers  out  for  drill  at  any 
time  and  to  any  place  subject  to  the  limitations 
hereinafter  provided. 
Of  Milita-  '^^^-  ^-  That  the  Governor  of  the  State,  ex-offi- 
ry  Baard.  cio,  the  Major-General,  and  Brigadier-Generals 
elected  as  heretofore  provided,  shall  constitute  a 
Military  Board,  any  three  of  wliom  shall  be  a  quo- 
rum, to  be  assembled  on  tlie  call  of  the  Governor, 
and  said  ])oard  shall  have  power  and  authority 

To  make  all  needful  rules  and  regulations  not 

Powers  of  contrary  to  law,  for  the  government  and  discipline 

Board.      ^^  ^^^^  A^oluiiteers,  including  articles  of  war.  subject 

to  the  approval  of  the   Convention  or  of  the  State 

Legislature  after  this  Convention  shall  have  finally 

'adjoui'ned. 

To  prescribe  the  uniform  arms  and  equipments 
of  the  Volunteers  ;  Provided,  that  the  Companies 
now  organized  if  mustered  into  service,  shall 
be  permitted  to  retain  the  arms  and  uniforms  which 
they  have  adopted. 

To  order  the  number  and  rank  of  Division,  Brig- 
ade and  Regimental  Staff. 

To  organize  Engineers,  Ordnance.  Quarter-Mas- 
ter, Commissary,  Medical  and  Pay  Department,  and 
to  appoint  the  officers  thereof  and  designate  their 
rank. 

To  organize  the  Regiments  into  Brigades,  and  to 
assign  the  Brigadiers  to  their  commands. 

To  determine  how  the  Qavalry  and  Artillery 
Companies  shall  be  disposed  of,  and,  if  they  deem 
it  necessary,  to  order  the  election  of  field  officers 
for  said  corps  ;  Provided,  that  the  Major-General 
when  in  actual  service  may  at  any  time  alter  the 
disposition  of  troops  as  he  may  deem  fit. 

To  order  the  time  and  mode  of  electing  all  offi- 
cers to  be  chosen  by  the  Volunteers  and  making 
returns  thereof. 

And  to  have  entire  control  over  all  the  arms  and 
military  property  of  the  State,  until  otherwise  or* 


ORDINANCES  OP  MTSSISSIPPL  125 

dered  b}''  the  Convention  or  by  the  State  Legisla- 
ture aftor  the  ConA'cntion  shnll  have  iinally  ad- 
journed. 

Sec.  7 .     That   the   officers   enlisted  under  this  Compen- 
ordinanC'.e  when  in  actual  service  or  when  on  drill  satiou  of 
by  order  of  the  Major-General.   shall   receive  the'^™*^^"- 
same  co  miiensation  as  is  now  yirovided  and  allowed 
by  law  to  tlie  officers  of  the  United  States  Army  ; 
that  th'C  pay  of  privates  and  non-commissioned  offi-  ^     . 
cers  shall  be  sixteen  dollars  per  month,  together  ^^j^j*^'^^^'^ 
Avith  tlie  rations  and  clothing  allowed  in  said  army,  ^  ^  ^  ^^  is. 
until    the   Southern    Confederacy  is  formed  ;  after  sioned  of- 
which  time  both  the  officers  and  men  shall  receive  ficers. 
such  ]:.ay  as  may  be  allowed  to  tlic  officers  and  men 
of  th<?  army  oi' said  Soutliern   Confederacy;    but 
])efore  the  A'olunteers  are  called  into  actual  service, 
excep't  while  on  drill,  as  aforesaid,  no  officer  or 
private  shall  receive  any  compensation,  except  that 
now   allowed  by  law  to  volunlt'crs  ;  Provided,  the 
members  of  the  Military  Board  except  the  Cover- Of  Milita- 
nor,  be  allowed  four  dollars  per  day,  when  actually  ry  Board, 
engaged  in  the  duties  of  said  J>oard. 

Se(^  8.  That  in  case  any  vacancy  sliall  occur  Of  vacan- 
in  an;r  office  l)elow  that  of  Brigadier-General,  the^^^^- 
vacancy  shall  be  supplied  as  tlie  office  was  original- 
ly filled.  Any  vacancy  in  the  office  of  Brigadier- 
General  shall  Ije  filled  by  the  appointment  of  the 
Majjor- General,  and  a  vacancy  in  the  office  of 
Majoif-General,  shall  be  filled  by  the  appointment 
of  th'B  Governor,  the  appointment  of  each  being 
subject  to  the  approval  of  the  State  Senate. 

Sec.  9.  That  all  Volunteers  enlisted  imder  this  Ofexemp- 
ordina.nce  shall  be  allowed  such  exemptions  and'io^s- 
compansation  as  are  now  allowed  by  law  to  the 
Voluateers  in  the  manner  noAv  prescribed,  and  also 
be  exempt  from  poll  tax,  and  shall  be  entitled  to 
their  discharge  when  -friendly  relations  shall  be 
established  by  treaty  or  otherwise  between  the 
vState  0'.f  Mississippi,  or  any  Confederacy  of  which 
she  is  a  member,  and  the  non-seceding  States  of  the 
late  Fed'.eral  Union  ;  Provider/,  that  said  Yolun- 
teers  sluill  not  be  required  to  serve  more  than  one 
.  3'ear  after  being  called  into  actual  -service.  p      ^^ 

Sec.  10.    That  all  such  officers  and  privates  as  disabled 
may  be  disabled  while  in  actual  service,  before  the  rolunteera 


126  OIIDINANCES  OP   MISSISSIPPI. 

foriuation  of  a  ^fouthern  Confederaov,  sli£ill  be  enti- 
tled to  one  year's  pay  after  their  diseharge  froui 
the  ?;ervice.  and  tlie  wido'ws  of  those  ^\'hc>  shall  be 
killed  in  the  service  shall  also  receive  for  one  year, 
the  compensation  that  their  hnsband-j  \,'oiild  be 
entitled  to  if  livinu-. 

J^EC.  11.     That  all  parts  ol'  ihe  Constitcilion.  all 
acts   and   all    laws  in  conflict  with  this  on  linance. 
and  so  much  of  the  Constitution  as  may  Limit  the 
right  of  any   \'olunteers  from  electing-  tlif/ir  own 
field  officers  in  any  manner  prescribed  by  tlhe  Leg- 
islatm'C.  be  and  the  same  arc  hereby  abrogai'ed  and 
annulled. 
This  ordi-      *'^^*^*  ^'"^'     I'^^'^t   this  ordinance  shall  tak<  3  effect 
na'ce.how'^i'^'^  be  in  force  from  and  after  its  passage,  and  con- 
altered,      tinuc  in  operation  until  changed,  altered  or  jimend- 
(!d   liy   this    Convention,  or  the  State  Legiirlatnrc 
after  this  Convention  shall  have  lin;ilh-  n.liounifd. 
Adopted.  January  23d,  1861. 


CHAPTER  lil. 

AN  ORDINANCE  to  raise  means  for  the   defense   of  the 
State. 

The  people  of  Mississippi,  in-  Convention  assembled, 
do  declare  and  araain,  asfolloivs,  to-ioil : 

Section  1.  That  it  shall  be  the  duty  of  .the  Tax 
Tax  how  Collectors  of  the  several  counties  in  this  State 
collected,  forthwith,  after  the  passage  of  this  ordinance,  to 
collect,  in  the  manner  now  provided  by  lav;  for  the 
collection  of  other  taxes,  from  every  tax  payer  in 
his  county,  an  additional  special  State  ta:x  of  fifty 
per  centum  on  the  regular  State  tax  of  sucli  tax 
payer,  and  also  a  tax  from  every  inhabita  nt  of  this- 
State  of  three-tenths  per  cent\un  upon  .'all  money^ 
owned  or  controlled  by  such  inhabitant,  find  depos- 
ited, loaned  or  employed  in  the  purchase  of  notes, 
bills,  stocks,  or  any  securities  for  the  ipayment  of 
money,  without  the  limits  of  this  State,  ar  kept  from 


ORDINANCES  OP  mssissippi.  127 

use  and  circaiatioii  within  the  same,  at  any  time 
tluriug  the  fiscal  year,  and  to  pay  the  same  into  the 
State  Trea^un'.  subject  to  all  the  laws.,  restrictions 
and  penalties  that  apply  to  and  i-egulate  the  col- 
lection and  payment  of  other  State  taxes  ;  and  the  Taxes  u» 
iiioiiev  so  collected  shall  constitute  a  Military  Fund,  constitute, 
ami  a  separate  account  thereof  sliall  he  kept  by  the  what. 
Auditor  and  TreasMrer,  and  the  same  shall  be  dis- 
bursed by  warrant  issued  on  the  order  of  the 
Governor,  and  sliall  Itc  ajiplicd  l)y  llie  Governor  to 
such  jmrposes  <if  defi^ise  and  military  service  of  the 
State  as  may  be  authorized  by  law.  this  Convention, 
or  the  r.Cii'islature  :  Provided,  That  the  money 
invested  in  th(^  loan  to  the  State,  authorized  by  thcofexemi»- 
second  secliou  of  this  ordinance  shall  be  exempt  tion  from 
from  all  laxes.  wlicllier  the  sanu^  be  State,  county.  ^^-'^• 
Muniicipal.  special,  scliool  or  nnlitai'v  :  AiidprovUhd, 
ftn-thrr.  Tliat  money  tempoi-arily  deposited  without, 
tlif  limits  of  this  State  or  ke.])t  from  use  and  circu- 
lation Avitliiu  the  same,  in  contemplation  of  use. 
other  thau  for  loan  or  employunMit  in  the  purchase 
of  stocks,  bonds,  bills,  or  other  evidences  of  debt 
or  permanent  deposit  without  the  limits  of  this 
State  sliall  bc^  exempt  from  said  tax  of  three-tenths 
pc)'  centum :  Andj)r<n-id(d,fttrfher,  That  tlic  Boards 
of  Police  of  such  counties  as  shall  have  a  snrjdus 
of  money  in  their  respective  county  treasuries  shall 
be  authorized  to  apjily  such  surplus  money  by  caus- 
ing the  same  to  bo  paid  to  the  pro]"ier  tax  collectoi". 
in  or  towards  the  discharge  of  said  tax  of.  fifty  per 
centum  in  their  respective  counties. 

Sec.  2.     That  the   Governor   be   authorized  to     ^ertiil- 
cause  certiiicatcs  of  loan  or  treasury,  notes,  to  bccates  of 
]irc]iared,  signed  and  issued,  in  such  sums  as  may  bej***"  J^^^'^ 
applied  for  by  persons  desiring  to  loon  money  to  *^''"^'  " 
tiie  State,  tf)  an  amount  not  exceeding  in  the  aggre- 
gate  the  sum  of  one  million  of  dollars,   one-third 
thereof  to  l-)c  redeemable  in  one  year,  one-third  in 
two  years,  and  one-third   in  thre(^   years  from  the 
tirst  day  of  June.  A.  D.  1861.  b'\aring  interest  at 
ten  per  ceat.  poj-  aunum  from  date,  and  the  Gover- 
nor shall  isr-ue  the  bu me.  from  tim'^  to  time,  as  the 
public  exigencies  may  require,  fn  -.lyoh   p<.T?or)r' :i.- 
may.de.^ire  to  lomi.mone3'to  the  State  thereon,  and    .* 
if  ncc(.-.-ary,  he  may  akiopt  suclt  meanf  as  he  may 


128  ORDIMAXCES  OP  MISSISSIPPI. 

deem  expedient  lo  afford  the  iieo])lc  of  tlie  several 
eouiitics  an  opportunity  to  participate  in  the  loan 
hereby  propo.^ed.   . 

Sec.  3.    Tliat  the  said  certiticates  or  notes,  shall 
Validity  ^^c  signed  by  the  Treasurer  and  countersigned  by 
of  certifi-  the  Auditor,  and  the  faith  of  the  State  is  hereby 
cates.        ]ilcdgcd  for  the  redemption  of  tlie  same,  and  no  law 
shall  1)0  passed  to  impair  their  validity  and  o1)li- 
gation. 
Certifi-     t^EC.  4.    That  tlie  said  eertiilcates  or  notes  shall 
^^gjj  ®  ^g_  be  negotiable,  and  shall  ho.  receivable  in  payment 
caivable.    ^^  ^^.V  moncy  due  to  the  State  in  any  fiscal  year  in 
which  they  may  severally  fall  due,  and  any  officer 
receiving  tlie  same  in  payment  of  puljlic  dncs,  shall 
endorse  on  one  of  them  the   date  of  such  receipt 
and  the  amount  of  interest  allowed  tliereon  in  sucli 
payment,  and  shall  sign  liis  name  thereto,  and  the 
^  ,,    ,      interest  upon  such  certificates  or  notes  shall  cease 
duty  of     ^^'on\  that  date;  and  it  shall  be  the  duty  of  each 
tax  collector  who  shall  have  on  hand  any  money 
collected  under  the  provisions  of  this  ordinance  to 
receive  and   ])ay  any  treasury  notes,  certificate  of 
loan  issued  in   pursuance  of  this  ordinance   and 
which  shall  be  payalilc  at  the  end  of  the  fiscal  year 
for  Avliich  the  tax  in  the  hands  of  the  assessor  was 
collected  ;  and  if  any  tax  collector,   having  suffi- 
cient money  on  hand   arising  from  said  tax,  shall 
refuse  to  pay  any  certificate  or  note  as  aforesaid,  to 
•  the  holder,  on  presentation  and  demand  thereof,  he 
shall  be  liable  to  the  holder  thereof  in  a  sum  equal 
to  the  amount  of  the  said  note  or  certificate  to  be 
recovered  ou  an  execution  in  any  court  having 
jurisdiction  thereof. 
Treasurer     Sec.  5.     That  the  Treasurer  and  Auditor  shall 
and  Audi-  j^ggp  separate,  full  and  accui-ate  accounts  of  the 
tor,    duty  um^ji^cj.^  ^q^^q  c^^-^^  amount  of  each  of  said  certificates 
or  notes,  signed  and  countersigned  by  them  respec- 
tively, and  they  shall  keep  similar  accounts  of  all 
the  said  certificates  or  notes  redeemed,  as  the  same 
shall  be  returned  and  cancelled.     They  shall  also 
make  annual  statements  of  the  amouni  of  said  cer- 
tificates or  uotes,  signed  and    countersigned  as 
aforesaid,  and  of  the  ajjiount  thereof  that  may  have 
been  redeemed,  and  shall  furnish  such  accounts  to 
the  Governor,  who  may  cause  iho  eamo  to  be  pub- 
llKhod,  suxd  «h*ll  Uy  Urn  same  hbtijtt  ih*>  LetjIssliUre. 


ORDINANCES  OF  mSSISSIPl*!.  1^9* 

Sec.  6.     That  the  money  raised  upon  the  said      Money 
certificates  and  notes  shall  Ije  paid  into  tlie  Treasury  1^°^'   P*"^ 
of  the  State,  and  shall  constitute  a  part  of  the '"" 
Military  Fund,  and  shall  be  applied  to  the  defense 
and  military  service  of  the  State  in  the  manner 
directed  in  the  first  section  of  tliis  ordinance. 

Sec.  7.     Tliat  it  shall  be  the  duty  of  the  tax 
collectors  of  tlie  several  counties  in  this  State,  in      Tax  in 
every  year  connnencing  with  the  fiscal  year  begin-  May  coi- 
ning on  the  first  day  of  May  next  to  collect  from  lected. 
every  tax  payer  in  his  comity,  in  the  manner  county 
taxes  arc  required  to  lie  collected,  an  additional 
special  State  tax  the  same  as  is  provided  in  the 
first  section  of  this  ordinance,  and  to  pay  the  same 
into  the  State  Treasury,  subject  to  the  same  laws, 
restrictions  and  penalties  that  apply  to  and  regulate 
the  collection   a]id  payment  of  other  State  taxes  ; 
and  the  amount  of  such  special  tax,  shall  constitute 
a  special  fund  for  the  redemption  of  the  princial 
and  interest  of  the  certificates  and  notes  to  be 
issued  in  pursuance  of  tMs  ordinance,  and  shall  be  Tax  how 
faithfully  applied  tb  that  purpose,  and  the  said  taxapplie(i. 
shall  be  irrepealable  by  the  Legislature,  until  such 
certificates  and  notes  shall  be  fully  paid  and  satis- 
fied, at  which  time  the  collection  of  said  tax  shall 
cease  and  determine:  Provided,  however,  That  if  Tax  when 
on  the  first  day  of  December,  in  the  present,  or  any  *°  ^^^^' 
subsequent  year,  it  shall  appear  that  so  large  an 
amount  of  tax  as  is  contemplated  by  this  ordinance 
will   not  be  required   to   pay  the  principal  and 
interest  of  said  certificates  and  notes  falling  due  and  ?*" 

properly  payable  out  of  the  tax  of  that  fiscal  year, 
it  is  hereby  made  the  duty  of  the  Governor,  by 
proclamation  directed  to  the  tax  collectors  of  every 
county,  to  reduce  the  said  tax  to  an  amount  suffi- 
cient to  pay  such  certificates  and  notes  so  falling 
due  and  payable,  and  to  direct  the  collection  of  a 
smaller  per  centage  on  the  State  tax  ;  and  when 
the  certificates  and  notes  authorized  by  this  ordi- 
nance shall  be  fully  paid,  the  Governor,  by  like 
proclamation,  shall  direct  the  collection  of  such  tax 
to  be  discontinued. 

Sec.  8.    That  it  shall  be  the  duty  of  the  tax 
collectors  when  collecting  the  taxes  levied  by  this 
ordinance  until  the   assessor   shall  make  other 
C-25 


130  OBDIMANCES  OPJmISSISSIPPI. 

Money,  assessments  of  personalty,  to  assess  the  said  tax 
&c., outofQf  three-tenths  of  one  per  eent.  upon  all  money 
^Q^ 'j^,^  owned  or  controlled  by  the  inhabitants  of  this 
State  and  deposited,  loaned  or  employed  in  tlie 
purchase  of  notes.  ])ills,  bonds,  stocks,  mortgages 
or  any  securities  lor  tlie  payment  of  money  without 
the  limits  of  this  State,  or  ke})t  from  use  and  circu- 
lation within  the  same  at  any  time  during  the  liscal 
year,  and  to  require  such  inliabitauts  to  give  in 
the  said  assessment  under  oath,  to  be  administered 
by  said  tax  collectors,  and  to  return  one  copy  of 
said   assessment  to   the  Board  of  Police  of  the 
proper  county  and  one  to  the  Auditor  of  Public 
Accounts,  and  should  such  inhabitant  fail  or  refuse 
to  give  in  said  assessment  the  said  collectors  shall 
Pggg  Qf  levy  and  collect  from  such  inhabitant  the  sum  of 
collector.  fi'^'S  thousand  dollars  :  Provided,  That  the  tax  col- 
lectors "shall   receive  for  their  compensation   for 
collecting  the  taxes  raised  by  this  ordinance  three 
per  centum  upon  the  amount  collected  from  the  tax 
payers,  and  nothing  for  receiving  the  amounts  that 
shall  be  paid  by  the  Board  of  Police  in  discliargc 
of  the  said  tax  of  fifty  per  centum. 
Oath  re-     ^^*^"  ^'     '^^^^^  ^^^^h  assessor  of   taxes   in   this 
quired.      State  in  all  subsequent  assessments  for  taxes,  until 
said  treasury  notes  are  paid,  shall  require  each 
inhabitant  of  his  county,  to  render  on  oath,  to  be 
by  him  administered,  the  amount  of  money  owned 
or  controlled  by  him^  and  deposited,  loaned  or 
employed  in  the  purchase   of  notes,  bills,  bonds, 
f  stocks,  mortgages  or  any  securities  for  the  payment 

of  money  without  the  limits  of  this  State,  or  kept 
from  use  and  circulation  within  the  same,  at  any 
time  during  the  fiscal  year  as  aforesaid,  and  should 
said  tax  payer  fail  or  refuse  to  render  said  amount 
or  take  said  oath,  then  said  assessor  shall  assess 
against  him  or  her,  the  sum  of  live  thousand  dollars, 
as  taxes  for  money  deposited,  loaned  or  employed 
without  the  State  or  kej)t  from  use  and  circulation 
within  the  same  as  aforesaid,  and  which  sum  so 
assessed  shall  be  collected  and  paid  over  as  other 
taxes  are  to  be  collected  and  paid  over  as  herein- 
before provided. 

Sec,  10.  That  when  any  of  the  said  certificates 
or  notes  shall  fall  due,  it  shall  lie  the  duty  of  the 
Auditor  to  issue  his  warrant  iu  favor  of  the  holder 


ORDINANCES  OP  iHSSISSIPPI.  131 

thereof  for  tlie  amount  due  tliereou,  and  shall  there-     Certifi- 
upon  take  up  and  cancel  such  certificates  or  notes,  ^^^^>  ^^- 
and  shall  endorse  tliereou  tlie  amount  of  interest  P®°^^^  °*- 
allowed,  and  if  at  any  time  there  shall  be  money  in 
the  Treasury  applicable  to  the  redemption  of  such 
certificates  or  note?,  the  Governor  sliall  cause  notice 
to  be  given  by  proclamation,  to  the  holders  of  such 
certificates  or  notes,  that  tliose  of  certain  descrip- 
tions or  denominations,  will  be  redeemed  on  pre- 
sentation, and  all  interest  shall  cease  thereon  after 
sixty  days  from  the  date  of  the  publication  of  such 
notice. 

Sec.  11.     Thai  the  sum  of  twenty-five  hundred      ^    .^ 
dollars  is  hereby  set  aside  from  any  money  in  the  ^^^^^  ^^, 
State  Treasury,   not  otherwise   appropriated,    to  celled, 
defray  the  cxi)ense  of  engraving,  issuing  and  nego-  when, 
tiating   said   certificates  or  notes.     The  Auditor 
sliall  issue  his  warrant  for  such  sum  within  said 
maxinmm  as  the  Governor  may  certify  as  necessary 
to  be  supplied  for  engraving,  and  while  the  com- 
pensation for  negotiating  and  labor  performed  by 
the  agents  of  this  State  shall  be  fixed  by  the  Legis- 
lature, the  same  uot  to  exceed  the  appropriation. 

Sec.  12.     Be  it  farther  ordained,    That  imme-  Collector's 
diately  on   the  passage  of  this  ordinance,  each  bond, 
sheriff  or  tax  collector  in  this  State  shall  execute  a. 
bond,  with  good  security,  payable  to  the  State,  and     . 
in  a  penalty  equal  to  the  present  State  tax  of  his 
county  and  conditioned  for  the  due  and  faithful 
performance  of  the  duties  imposed  on  him  by  this 
ordinance — which   said  bond   shall  be  approved, 
filed  and  recorded  in  the  same  manner  as  sheriffs' 
bonds  are  now  required  by  law  to  be  approved, 
filed  and  recorded. 

Sec.  13.  Be  it  further  ordained.  That  if  any 
sheriff  shall  fail  to  execute  said  bond  with  security 
as  provided  in  the  last  preceding*  section  of  this 
ordinance  by  the  1st  day  of  March  next,  his  office 
shall  thereby  become  vacated  and  the  vacancy 
thereby  occasioned  shall  be  filled  as  other  vacajicieB 
in  the  office  of  sheriff  are  now  required  by  law  to 
he  filled. 

Sec.  U.  Be  it  further  ordained,  That  the  tax 
now  imposed  by  the  present  revenue  law  on  money 
loaned  at  interest  be  so  amended  or  construed  as 
C— 26 


132  ORDINANCES  OP   MISSISSISSIPPI. 

to  include  all  inouoy  used  or  that  may  have  been 
used  or  employed  Ijy  bein<(  loaned  at  interest  or  in 
the  pnrcliase  of  notes,  bills  of  exchange,  bonds  or 
other  securities  during  the  jtast  fiscal  year,  and  the 
parties  so  interrogated  shall  answer  under  oath, 
to  be  administered  by  the  tax  collector,  and  all 
money  so  used  or  em|>loyed,  notlieretofore  assessed 
as  money  loaned  at  interest  shall  ])e  taxed  three- 
tenths  of  one  percent. 

Adopted,  January  '2(1.  18G1. 


CHAPTER  IV. 

The  State  of  Mississippi  : 

At  a  Convention  of  the  people  of  the  State  of 
Mississippi,  began  and  liolden  at  Jackson,  in  said 
State,  in  the  year  of  our  Lord  1S()1. 

Kesolutions  to   provide   for  the   formation    of  a    Southern 
Confederacy. 

IVe  the  people  of  Mississippi  in  Convention  assem- 
hied  (to  declare  and  resolve  and  it  is  hereby  declared, 
find  resolved  : 

First,  Tiiat   this  Convention    \vill,  immediately 

I^^^SJi^-^s  after  the  passage  of  tliis  ordinance,  proceed  to  the 

to^be  dec-  dection,  l^y  ballot,  of  seven  Delegates,  wliose  duty 

it  shall  be  when  elected  to  represent  the  State  of 

Mississippi  in  a  Convention  of  those  States  which 

have  seceded,  or  wliich  may  hereafter  secede,  from 

the  Government  formerly  known  as  tlie    United 

States  of  America. 

Place  of     Second,  That  tliis  Convention  receives  and  adopts 

holding  the  suggestion,  that  the  Convention  hereby  con- 

Conven    templated,  shall  meet  and  hold  its  sessions  in  the 

"°°-  city   of  Montgomery  and   the  State  of  Alabama, 

and  that  the  time  for  said  meeting  shall  be  th^  1st 

Monday  and  the  •Ith  day  of  February,  1861. 

Third,  That  this    Convention   accept  the  sug- 
gftstiou  that  each  of  the  States  seceding  from  the 


ORDINANCES  OP  MSSISSIPPI.  13B 

Government  of  the  United  States  and  concurring  Apppoint- 
in   the  formation  of  a  Soutliern   Confederacy  by  ™  ®  ^^  <^  ^  ^ 
said  Convention,  .«hall  be  entitled  1o  one  vote  in  ^^'^S'^'^^*'- 
the  said  Convention  upon  all  questions  which  may 
be  acted  ujion  therein,  and  that  each  .State  send  as 
many  Deh-ji-ates  to  i-aid  Couvenrion  as  are  e({ual  in 
number  to  tlie  number  of  Seiuitors  and  Representa- 
tives to  -which  it  Avas  entitled   in  (lit;   Congress  of 
the  United  States. 

Fourth,  That  the  said  ]>elegates  be  authorized  Form  of 
to  provide  for  the  formation  of  Provisional  Govern-  Govern 
ment  for  the  States  represented  in  said  Convention,  "icnt. 
to  be  organized  ami  put  in  operation  as  s{>eedily  as 
])0ssible,  to  submit  to  the  said  Convention '  the 
Constitution  of  the  United  States  of  America  as 
a  Imsis  of  sueli  Provisional  (Jlovcrnment,  and  to 
]irovide  in  the  plan  of  said  Provisional  Govern- 
ment, or  otherwise,  that  as  early  as  conveniently 
:ind  properly  may  be,  a  Convention  of  the  States 
forming  such  Government  and  such  other  States  as 
niay  have  seceded  and  may  then  desire  to  attach 
themselves  thereto,  shall  be  assembled  to  revise  the 
C'onstitution  and  Plan  of  Government  so  established, 
propose  amendments  and  alterations  therein,  and 
adopt  a  Pei-manent  Plan  of  Government  for  such 
States  to  be  submitted  for  ratification  to  Conven- 
tions of  the  scvcyal  States  represented  therein,  and 
10  be  composed  (\{  Delegates  elected  by  the  people 
of  said  States  iu  such  manner  as  the  said  Conven- 
tion or  the  Legislatures  of  the  several  States  inav 
prescribe,  and  that  the  said  Provisional  Govern- 
ment shall  continue  until  the  said  Permanent  Plan 
of  Gover\\uAent  shall  be  adopted  and  established. 

Fifth.  That  in  case  the  said   Convention  to  be 
assembled  iit  Montgomery,  as  contemplated  in  the 
second  of  the  preceding  resolutions,  .^hall  proceed    .^''^*'^^^'''' 
to  consider  and  adopt  a  Constitution  or  Plan  for  a   \^^^ 
Permanent    Government,   establishing  a   Sonlliern  jnent 
Confederacy  between  the  States  represented  therein, 
then  such  Constitution  or  Plan  shall  be  referred  to 
to  this  Convention  for  its  action  :  Prodded.  That 
if  this  Convention  shall  then  have  adjourned  sine 
die,  the  said  Constitution  or  Plan  shall  be  referred 
to  the  people  of  this  State  for  ratification  in  such 
0-27 


Tovi-nv 


134  ORDINANCES  OF  jnSSTSSIPPI. 

manner  as  tlie  -an I  Convention  at  Montgoiliery 
.-hall  prescribe. 

Sixth,  That  in  the  event  tho  Convention  of 
>ccc<ling  State-  r^liall  not  for  any  cau?ft  a.-.-emble  at 
tho  time  and  ]»lace  indioated  by  these  resolution?, 
then  the  Delegates  appointed  by  this  Convention 
.-•hall  be  and  ihey  are  hereby  accredited  to  any 
Convention  of  secedina*  States  which  may  meet  at 
any  other  time  and  place  and  havino;  for  its  object 
tho  formation  of  a  Southern  Confcderacv. 

Adopted,  Jaimary  22.  1801. 


CUAPTER  V. 

.'vN  OKUl^v'ANuE  tupplemeutal  to  an  oruinancc  eulitled 
•■  An  ordinance  concerning  the  jurisdiction  and  property  of 
the  United  States  of  America  in  the  State  of  ilississippi, 
passed  on  the dny  of  January,  1861. 

Duty  of  '^^'^  peop(r  of  the  SUde  of  Mississ-ippi  in  Con- 
Receiver.  veniion  as'^emhJrd,  dccJnyp  and  ordain  and  it  is 
kerdnf  d^dared  and  ordairlcd,  That  until  ptherwit^c 
provided  by  thi.s  Convention,  or  the  Legislature,  the 
sale  and  entry  of  Maste  and  unappropriated  lands 
in  this  State  be  and  the  same  are  hereby  suspended, 
and  that  the  Registers  and  Receivers  of  the  several 
land  offices,  in  tins  State  be  and  they  are  hereby 
authorized  and  rerpiired  to  perform  all  the  duties  of 
said  offices  in  otlier  res])ects  according  to  the  rules 
and  restrictions  heretofore  existing  under  the  laws 
of  the  said  United  States,  and  in  case  of  the  death 
or  refusal  of  any  of  said  officers  to  perform  said  dates, 
the  Governor  is  hereby  empowered  to  appoint 
suitable  persons  to  perform  the  same :  Provided. 
That  nothing  herein  contained  shall  impair  the 
right  of  any  jxi'son  having  title  to  pre-emption — 
according  to  the  laws  of  the  United  States  in  force 
on  the  9th  day  of  January,  1861. 
Adopted,  January  26,  ?  S61. 


ORDINANCES  OF  MISSISSIPPI.  135 

CHAPTER  VT. 

AN  ()RDINACE  toppropriate  money  to  pay  the  current 
expenses  of  the  Conyentiou  not  provided  for  by  law. 

Be  it  ordained  by  the  people  of  the  State  of  Mis- 
sifi.sij^jxiin  (JoniTidion.  lusHC'tnUeil,  That  the  Auditor 
of  tlio  State  of  Mis,sissippi  shall  i^^suc  his  warrant 
on  tho  State  Treasury  for  the  following'  accounts, 
to  be  paid  out  of  any  money  not  otherwise  appro- 
priated, which  shall  be  in  full  of  said  accounts, 
to-wit  :   ,        ,. 

F.  A.  t*6iie,  Secretary,  for  jmrchase  of 

four  sheets  of  parclimcnt $     G  50 

,  C.  R. .  Dickson,  Postmaster 108  45  ^ 

J.  Harvey,  k  Co.,  for  frame  and  glass  for  ; 

ordinance 9  50 

C.  A.  Moore 10  00 

John  Cleveland 6  00 

L.  Julienne 1  50 

Trustee  of  Concert  Hall,  for  work  by 

order  of  tho  Covention *  .   76  00 

A.  Reed,  (negro)  for  attendance,  &c. ...  40  00 

Negro  Isaac  for  attention,  cfcc 48  00 

Jackson  G as-Light  Company 7  60 

Hire  boy  Frank 8  00 

Samuel  Pool  for    expenccs    fitting  up 

Masonic  Hall 15  00 

For  hire  negro  Jacob 15  00 

E.  Barksdale  for  printing 950  00 

D.  Flanncrry  for  telegraphic  dispatches 

l)y  order  of  the  Convention , 118  40 

To   Masonic  fraternity  of  the  city   of 
Jackson  for  use  of  Hall 50  00 

Adopted,  Juanuarv  26,  1861. 
C— 28 


136  ORDINANCES  OF  MISSISSIPPI. 

CHAPTEH  Vll. 

AN  ORDINANCE  Ui  authorize  the  GoTcnior  to  borrow  a 
sufficient  ainouiit  of  money  to  defray  the  expenses  of  the 
troops  of  this  State  now  in  the  field. 

*  The  people  of  J/iW.9«/>/>/    in  Conventwn  assem- 

hled  ordain  and  it  ifi  hereby  ordained,  Tliat  the 
Governor  1)C  ompoAvcred  to  borrow  a  sufficient 
amount  of  money  to  defray  the  expenses  of  the 
troops  of  this  State  now  in  the  liehl,  and  to  secure 
such  loan,  the  Auditor  of  Public  Accoimts  be,  and 
is  hereby  required,  to  issue  his  vdrafts  or  warrants 
on  tlie  Sheriffs  of  any  of  tlio  several  counties  of 
this  State,  which  warrants  so  drawn  shall  1)C  paid 
by  the  said  Sheriffs  out  of  any  State  taxes  in  their 
hands  collected  for  the  present  iiscal  year  or 
received  by  them  for  the  State  taxes  of  any  person 
presenting  the  same  :  Provided,  however,  That  not 
more  than  ten  thousand  dollars  of  such  warrants 
shall  be  drawn. 

Adopted,  January  26,  1861. 


CHAPTER  VIII. 

AN  ORDINANCE  to  amend  the  Constitution  of  the  Stat« 
of  Mississippi  in  certain  particulars. 

The  people  of  the  State  of  Mississippi  in  Conven- 
tion assembled,  do  declare  and  ordain,  and  it  is 
hereby  declared  and  ordained,  that  the  Constitu- 
tion of  the  said  State  be  amended  and  altered,  in 
t/ie  foUmoing  pati.ic^dars,  to-ivit  : 

1st.  That  tlic  words  "the  United  States"  where 
they  occur  in  the  hrst  section  of  the  third  article  of 
the  said  Constitution,  be  stricken  out. 

2nd.  That  tlie  words  "the  United  States"  in  the 
seventh  section  of  the  third  article  of  the  said  Con- 
stitution, be  stricken  out. 


ORDINANCES  OP  MISSISSIPPI.  137 

3rd.  That  the  words  "the  United  States"  iu  the 
fourteenth  section  of  tlie  third  article  of  the  said 
Constitution,  be  stricken  out. 

4th.  That  the  words  "the  United  States,  or"  in 
the  twenty-seventh  section  of  the  tliird  article  of 
the  said  Constitution,  be  stricken  out. 

5th.  That  tlie  words  "the  United  States  for 
twenty  years"  in  the  third  section  of  the  lifth  arti- 
cle of  the  said  Constitution,  be  stricken  out,  and 
the  word  "and"  inserted  instead  of  tlie  words  so 
stricken  out. 

t)th.  Tliat  the  words  'except  when  they  shall  be 
called  into  the  service  of  the  United  States"  in  the 
lifth  section  of  the  fifth  article  of  the  said  Consti- 
tution, be  stricken  out. 

7th.  That  the  words  "not  incompatible  with 
the  Constitution  and  laws  of  the  United  States  in 
relation  thereto."  in  the  first  section,  under  the  title 
"militia"  in  the  said  Constitution,  be  stricken  out. 

8th.  That  the  words  "the  Constitution  of  the 
United  States  and"  in  the  first  section  of  the  sev- 
enth article  of  the  said  Constitution,  be  stricken 
out. 

9th.  That  the  words  "or  of  the  United  States" 
in  the  eleventh  section  of  the  seventh  article  of  the 
said  Constitution,  be  stricken  out. 

10th.  That  the  words  "the  United  States  (the 
office. of  Post-Master  cxco])tcd)  or  any  other  State 
of  the  Union,  or  under."  in  the  thirteenth  section 
of  the  seventh  ai-ticlo  of  the  said  Constitution,  be 
stricken  out. 

lltli.  That  the  ninlh  section  of  the  seventh  arti- 
cle of  the  said  Constitution  l)e  amended  by  adding 
thereto  the  following  additional  proviso,  to-Avit :       Additional 

And  jJi'ovided  further,  That  the  Legislature  may  P^*'"^'^*'" 
raise  a  loan  of  money  and  ])ledge  the  faith  of  the 
State  for  the  payment  tliereof,  when  required  to 
suppress  insurrections,  repel  invasions,  or  ])rovide 
for  the  defense  of  the  State. 

12th.  That  the  words  "or  member  of  Congress" 
in  the  first  section  of  the  third  article  of  the  said 
Constitution,  be  stricken  out. 

13tii.    That  the  words  "members  ol  Congress, 
nor  any"  in  the  thirteenth  section  of  article  seven 
of  said  Constitution,  be  stricken  out. 
C— 29 


138  ORDINANCES  OP  MISSISSIPPI. 

Htli.  That  the  words  "Representatives  iu  Con- 
gress and"  in  amendment  fifth,  to  the  f^aid  Consti- 
tution, inserted  liy  act  of  tlie  Leu;islature,  approved 
February  the  2ud,  1S50.  l»e  stricken  out.  , 

Aiditioual      ^-^tli.     That  the  Lcgishitun;  shall  have  power  to 
section,     lix  the  time  of  holding  all  elections,  and  may  ad- 
Just  the  terms  of  ofiSce  to  conform  to  any  chanj»'es 
liereafter  to  be  made  ;  and  may  fix  the  time  for  the 
commencement  of  its  biennial  sessions. 
Additional  •  16th.     Be   it  ordained  and  declared,   and   U  is 
section.      Jicreby  ordained  and  declared^  That  if  any  part  of 
the  present  Constitution  of  the  State  of  Mississippi 
shall  be  in  conflict  with  any  ordinance  passed  by 
this  Convention,  such  part  of  said   Constitution 
shall  be  held  to  be  abrogated  and  annulled  to  t)ic 
extent  of  such  conflict,  but  no  further. 
Adopted,  January  26th,  1861. 


CHAPTER  IX. 

AN  ORDINANCE  to  provide   for  Postal  airangements  in 
Mississippi. 

Whereas,  It  is  pi'oper  and  necessary  to  avoid  as 
far  as  practicable  any  disturbance  of  existing  ar- 
rangements and  contracts  for  carrying,  deliver- 
ing and  distributing  the  mails  ;  therefore, 
Section  1.     The  people  of  Mississippi  in   Con- 
vention assendiled  do  ordain  and  declare,  and  it  is 
hrrehy  ordained  and-  declared,  That  all  laws,  con- 
tracts and  regidations  made  by  the  authority  of  the 
United  States  foi-  carrying,  delivering  and  distrib- 
uting  the  mails,   and  for   the   protection  thereof 
against  depredations,  which  were  subsisting  and  in 
force  at  the  date  of  an  ordinance  adopted  by  the 
people  of  Mis.sissippi,  in  Convention  assembled,  on 
the  ninth  day  of  January,  one  thousand  eight  hun- 
dred and  sixty-one,  entitled,  "an  ordinance  to  dis- 
solve the  Union  between  the  State  of  ]Mississippi 
and  the  States  united  with  her  und^v  ,thc  compact 

ii<* n 


ORDINANCES  OF   msSISSIPPI.  139 

entitled,  'The  Constitution  of  the  United  States  of 
iVmQrica/ ''  })e  and  the  tsanie  are  hereby  continned 
in  full  force  and  cllect  so  far  as  tliey  arc  not  iucom- 
l^atible  with  the  terras  and  intent  of  said  ordinance, 
or  with  the  jtrovisions  liereiiiafter  made  ;  and  por- 
,^ons  charged  with  the  duties  imposed  by  said  con- 
tracts and  regulations,  shall  continue  to  discharge 
the  same,  and  all  violations  of  the  penal  laws  afore- 
said, shall  be  prosecuted  in  the  name  and  by  the 
authority  of  the  State  of  Mississippi,  in  the  Courts 
(^f  said  State  haviug  jurisdiction  of  crimes  and 
luisdemcanors,  in  the  same  mnnner  as  other  prose- 
cutions are  now  conducted  aud  determined  by  the 
laws  of  this  State. 

Sec.  2.  Be  it  further  oixhif/eJ,  That  this  ordi- 
]iaucc  shall  take  effect  from  and  after  its  passage, 
and  shall  continue  in  force  until  repealed  by  this 
(convention,  or  superseded  by  such  laws,  or  trea- 
ties, as  may  be  adopted,  or  assented  to.  for  that 
purpose  by  the  State  of  Mississippi. 

Adopted,  January  14th.  1801. 


CHAPTER  X. 


AN  OEDINANCE  further  to  provide  for  Postal  arrange- 
ments in  Mississippi. 


Section  1 .  Be  it  ordained  hy  tJie  people  of  Mis- 
■'<issipjyi  in  Convention  assembled.  That  the  office  of 
PosL-Master-General  of  Mississippi  be,  and  the  same 
is  hcrcbj-  created  and  established,  and  that  in  the 
event  of  the  suspension  or  interruption  of  existing 
Postal  arraugements  in  this  State,  the  Governor  of 
this  State  aud  his  Council  be,  and  they  arc  hereby 
empowered  to  elect  or  appoint  a  Post-Master-Gen- 
eral,  with  a  salary  at  the  rate  of  twenty-five  hun- 
dred dollars!  per  annum,  who  shall,  by  virtue  of  his 
office,  be  constituted  a  member  of  said  Executive 
Council,  and  shall  enter  into  bond  with  security  to 
be  approved  |)y  the  Governor,  in  the  penalty  of 
C— 30 


140  ORDINANCES   OP   MISSISSIPPI. 

fifty  tliouriand  dollar;^  payable  to  the  State  of  Mis- 
sissippi, and  conditioned  for  the  faitlifnl  discharge 
of  the  duties  ol"  liis  office,  which   bond  sliall  be  de- 
posited in  the  office  of  Secretary  of  State,  and  may 
be  sued  mx)ii  as  other  official  bonds  in  any  of  the 
Courts  of  this  State  havino-  jurisdiction  thereof. 
Sec.  2.     Z?e  it  further  ordained.  That  the  said 
^J^^^^^_^Po.?t-Master-General    after  he   sliall   have   qual- 
j^^..Qgj^g,i  ified  as   aforesaid,   liavc   full  power  and  authority 
by,  and  with  the  consent  of  the  Governor  and  his 
Council,   to   increase   the   rate  of  postage  to   an 
amount  not  exceeding  quintuple  the  present  rate, 
to  prescribe  suitable  stamps  for  the  pre-payment  of 
poitage,  to  appoint  and  remove  Post-Masters,  and 
to  make  all  contracts  and  arrangements  which  may 
be  necessary  in   the  contingency  contemplated  in 
the  first  section  of  this  ordinance,  for  carrying, 
delivering  and  distributing  tlie  mails  in  this  State, 
which   provisions  and  regulations  shall  remain  in 
full  force  until  suspended  by  this  Convention,  or  by 
the  action  of  such  government  as  may  be  organ- 
ized by  Mississippi  and  the  other  seceding  States, 
and  all  laws  passed  and  regulations  made  by  the 
authority  of  the  United  States,  which  arc  in  con- 
tact therewith,  are  hereby  repealed  and  aimullcd. 
Postal  ex-      Sec.  3.     Br.  it  further  ordnined,  That  in  order 
pen's,  how  to   carry  this   ordinance  into  eflect,  the  said  Post- 
paid.        Master-General  be,  and  he  is  hereby  empowered  to 
employ  any  money  in  the  Treasmy  or  other  funds 
of  the  State  to  an  amoimt  not  exceeding  the  smnof 
one  hundred  thousand  dollars,  and  the  Auditor  of 
Public  Accounts  shall,  upon  the  written  order  of 
said  Post-Mastcr-General,  approved  by  the  Gover- 
nor, issue  his  warrant  on  tlie  Treasury  in  favor  of 
said  Post-Master-Geueral,  for  such  sum  as  may  be 
named   in   such   order ;  Provided,   the  aggregate 
amount  of  such  warrants  shall  not  exceed  the  said 
sum  of  one  hundred  thousand  dollars. 

Sec.  4.     Ik  it  further  ordaivrd.  That  all  mon- 

how  de-    ^y^  received  and  accruing  from  the  Postal  Depart - 

posited,     nicnt  in  this  State,  in  the  contingency  aforCvSaid,  for 

postage  or  otherwise,  shall  he  collected  by  said 

Post-Mastcr-General,   and   shall  be   deposited  by 

him  in  the  Treasury  of  this  State  and  placed  to  the 


ORTtlNANCES   OF   MISSISSIPPI.  141 

credit  of  the  Postal  Department,  and  a  separate 
acconnt  thereof  shall  he  kept  by  the  Treasurer. 
Adopted,  January  26th.  ISCI. 


CHAPTER  XI. 

RESOLUTIONS  to  provide  for  the  representation  of  the 
State  of  Mississippi  in  the  Congress  of  a  Southern  Con- 
federacy. 

Resolved  by  the  people  of  Minsifisippl  in  Gonventiwj 
assemlM,  as  follows,  fo-icit: 

Section  1.  Thai  Jefferson  Davis  and  Albert  Of  Sena- 
G.  Brown  ]n\  and  tliey  are  hereby  appointed  Sena- tors, 
tors,  to  represent  the  State  of  Mississippi  in  the 
Senatorial  branch  of  any  Congress,  or  other  Legis- 
lative body,  of  any  Confederacy  or  Government  to 
be  foi'med  between  the  State  of  Miisissippi  and 
other  States,  as  contemplated  by  the  action  of  this 
Convention  ;  and  that  they  hold  their  office  until 
the  end  of  the  next  regular  or  called  session  of  the 
Legislature,  when  their  successors  shall  be  chosen 
in  the  manner  now  provided  by  law  for  tlie  election 
of  Senators  in  the  Congress  of  the  United  States  ; 
and  shoidd  any  vacancy  occur  in  the  meantime,  the 
Governor  shall  make  an  appointment  to  fill  such 
vacancy. 

Sec.  2.  That  Reuben  Davis,  Lucius  Q.  C.  La-  Of  Repre- 
mar,  William  Barksdalc,  Otho  R.  Singleton  and  sentatms 
John  J.  McRae,  be,  and  they  are  hereby  appointed 
Representatives  of  the  State  of  Mississippi,  in  the 
Representative  branch  of  any  Congress,  or  other 
Legislative  body,  of  any  Confederacy  or  Govern- 
ment to  be  formed  between  the  State  of  ]!ilississippi 
and  other  States,  as  contemplated  by  the  action  of 
this  Convention  ;  and  that  they  hold  their  office 
until  superceded  by  election  to  be  held  in  the  man- 
ner hereinafter  provided,  and  if  a  vacancy  shall 
happen,  or  if  the  State  shall  be  entitled  to  more 


142  ORDINANCES   OF   MIRSTSRIPPI. 

than  live  Eepreseulalivcs.snch  vacancy,  or  deficien- 
cy shall  be  filled  for  the  unexpired  term,  by  a  spe- 
cial election,  to  b(^  ordered,  conducted  and  returned, 
in  tlie  manner  directed  by  linv  lor  lillina-  vacancie.< 
in  any  State  office. 
Sec.  ;}.    That  an  clcctioji  shall  be  held,  at  the 
tetrrcf"*  ^""^'  ^^  li<»l^i"g  <l>c  next  I'ooular  State  election,  for 
how  etcc-  ^^^^  numl)cr  of  Repre.-icntatives  to  Avliich  this  State 
ted.  luay  be  entitled  in  tlie  Congrotjs  of  any  new  Con- 

federacy or  Government  of  Avhich  the  State  may 
become  a  mcinlier,  to  hold  for  such  term  a.s  the 
Constitution  of  such  Confederacy  may  prescribe  ; 
if  entitled  to  five  Rejircsentatives,  the  election 
shall  be  by  Districts  as  now  established  by  law, 
but  if  the  number  of  Representatives  to  Avhich  tlie 
State  is  entitled  be  increased  above  five,  then  one 
shall  be  chosen  in  each  District  as  noAv  organized, 
and  the  additional  number  shall  be  chosen  by  the 
election  of  the  State  at  large,  and  if  the  immber  of 
Representatives  be  diminished,  then  the  whole 
number  shall  be  cliosen  l)y  the  electors  of  the  State 
at  large,  but  the  Legislature  may  in  the  meantime 
reorganize  the  said  Districts,  and  increase  or  dimin- 
ish the  same,  if  necessary,  and  the  election  slmll  be 
held  accordingly. 

Sec.  4.  That  alf  laws  pi'ovidiug  for  the  election 
of  Senators  and  Representatives  in  Ihe  Congress  of 
the  United  States,  ai-e  hej-eby  annulled  so  far  as 
they  authorize  the  election  of  Senators  or  Repre- 
sentatives in  the  said  Congress,  but  such  laws  shall 
continue  in  force  so  far  as  to  autliorize  and  regulate 
the  election  of  Senators  and  Representatives  in  the 
Congress  of  any  new  Confederacy  or  Govcrmnent 
of  which  this  State  may  become  a  member. 
'"••''  Adopted,  January  26th,  1861. 


ORDINANCES  OF  MISSISSIPPI.  143 

CHAPTER  XII. 

AN  ORDINANCE  providing  a  permanent  council  of  three 
for  the  Governor  of  this  State. 

The  people  of  the  State  of  Mississippiin  Conven- 
tion assembled,  declare  and,  ordain,  and  if  is  hereby 
declared  and  ordcdned,  That  there  be,  and  is  hereby 
established,  a  council  of  three  persons,  to  be  elected 
by  this  Convention,  whose  duty  it  shall  be  to  ad- 
vise the  Governor  upon  important  matters  of  state 
concern  :  wlio  shall  continue  in  office  until  the  for- 
mation of  a  Confederacy  between  this  State  and 
other  seceding  States,  and  receive  for  compensation 
five  dollars  per  day  while  actively  engaged  in  their 
duty. 

Adopted,  January  26th,  1861. 


CHAPTER  XIII. 


AN  ORDINANCE  to  provide  for  Surveys  and  Fortifica- 
tion of  Military  sites  within  the  State  of  Mississippi. 

The  people  of  the  State  of  Mississippi  in  Conven- 
tion assemhled,  do  ordain  and  declare,  and  it  is 
hereby  ordcdned  ami  declared  as  follows,  to-ivit: 

Section  1 .  That  the  Military  Board  established 
under  the  provisions  of  an  ordinance  of  this  Con- 
vention, entitled,  "an  ordinance  providing  for  the 
military  defence  of  the  State  of  Mississippi,"  shall 
cause  all  necessary  surveys  to  be  made  of  military 
sites  within  this  State. 

Sec.  2.  That  after  the  surveys  shall  have  been 
made,  as  directed  in  the  foregoing  section  hereof, 
the  said  Board  shall  report  the  same  to  the  Legis- 
lature, designating  the  fortifications  necessary  to  be 
erected,  with  estimates  of  the  costs  of  the  same, 
and  thereupon  the  Legislature  may  make  such  order 
in  reference  thereto  as  they  may  deem  advisable. 

Adopted,  January  26, 1861. 


144  ORDINANCES  OP  MISSISSIPPI. 

CHAPTER  XIV. 

AN  ORDINANCE  to  regulate   the  right  of  citizenship  in 
the  State  of  Mississippi. 

Section  1 .  Ik  it  ordained  by  the  jJeople  of  the 
State  of  Mississijjpi  in  Convention  asseiahled,  That 
all  citizens  of  the  United  States  domiciled  within 
this  State  on  the  adoption  of  the  Ordinance  of 
Secession,  viz:  January  9tli,  18G1,  be  regarded  as 
citizens  of  Mississippi,  entitled  to  all  the  rights  and 
-privileges,  and  subject  to  all  liabilities  incident 
thereto. 

Sec.  2.  And  be  il  furl  her  ordained.  That  all 
free  white  persons  born  within  the  limits  of  the 
United  States,  or  made  citizens  thereof  by  natm-al- 
ization  or  treaty,  coming  into  this  State  with  intent 
to  reside  therein,  shall  become  citizens  of  the  State 
according  to  the  constitution  and  laws  of  this  State 
now  in  force,  and  as  to  all  other  persons  coming 
into  this  State  with  the  intent  aforesaid,  the  pre- 
sent naturalization  laws  of  the  United  States  shall 
apply  and  be  in  fOrce,  except  that  their  oath  of  al- 
legiance sliall  be  taken  to  the  State  of  Mississippi 
instead  of  the  United  States,  and  that  all  such  per- 
sons who  have  made  their  declaration  of  intention 
of  becoming  citizens  of  the  United  States  in  any 
of  the  Courts  of  this  State,  or  any  of  the  other 
States  or  Territories  of  the  United  States,  may  at 
the  expiration  of  the  time  prescribed  by  the  natu- 
ralization laAvs  aforesaid,  })orfect  their  natui'aliza- 
tion  in  any  of  the  courts  of  record  in  this  State. 

Sec.  3.  And  hi  it  further  ordained,  That  this 
•  ordinance  shall  be  subject  to  such  laws  on  the  sub- 
ject of  naturalization  as  may  hereafter  be  adopted 
by  the  constitution  and  laws  of  such  Confederacy 
as  this  State  may  hereafter  become  a  member,  and 
after  the  formation  of  such  Confederacy,  any  citi- 
zen of  such  Confederacy  may  become  a  citizen  of 
this  State,  according  to  the  provisions  of  the  pre- 
sent Constitution  of  this  State. 

Adopted,  January  20th,  1861. 


ORDINANCES  OP  MISSISSIPPI.  145 

CHAPTER  XV. 

AN  ORDINANCE  to  provide  for  the  purchase  of  arms, 
munitions  find  military  equiiifncnts,  and  for  other  purpo- 
ses. 

Section  1 .  Be  it  ordained  hi  the  people  of  Mis-  Of  cont'cts 
sissippi,  in  Convention  assemhled,  That  the  Gover- 
nor and  Military  Board  of  this  State  be.  and  they 
are  hereby  autliorized  and  empowered  to  enter  into 
any  contract.-;,  on  behalf  of  this  State,  for  the  pur- 
chase of  all  arins,  munitions  and  military  equip- 
ments, which  may  be  necessary  for  its  defence,  and 
to  provide  suitable  arsenals  and  magazines  for  se- 
curing the  same,  and  that  they  be  also  authorized 
in  their  discretion  to  purchase  for  tliis  State  sepa- 
rately or  jointly  with  any  other  State  or  States  all 
such  machinery  as  may  bo  necessary  in  the  erection 
and  completion  of  an  armory  for  the  manufacture 
of  fire  arms,  and  to  appoint  any  agent  or  agents 
under  tliem  to  carry  into  effect  any  of  the  forcgo- 
ino-  provisions. 

'Sec.  2.  And  be.  it  further  ordained.  That  all  f'^'''^^^ 
sums  of  money  which  may  be  expended  by  the  said  ^^  ^"" ' 
Crovernor  and  ]\Iilitary  Board  for  any  of  the  pur- 
poses mentioned  in  the  foregoing  section  of  this 
ordinance,  shall  be  paid  by  tlio  Treasurer  of  this 
State  on  the  warrant  of  tlic  Auditor  to  be  issued 
on  the  re(piisition  of  the  Governor,  out  of  the  fund 
to  be  collected  by  virtue  of 'an  ordinance  entitled, 
"an  ordinance  to  raise  means  for  the  defence  of  the 
State." 

Sec.  'i.     Be  ifj'urfhcr  ordained,  That  the  Mill-  r^^^j^^j.^^  ^j^ 
tary  Board   is   im-ested   with  full  authority,  in  the  jjj°'' 1,5 
execution  of  the  powers  herein  conferred,  to  erect,  establis'ed 
oi-  cause  to  be  ertjcted,  if,  in  their  o])inion  the  safety 
of  the  ]">ublic  re(]uircs  it,  lines  of  telegraph  commu- 
nication upon  the  Eastern  bank  of  the   Mississippi 
river,  or  in  such  other  portions  of  the  State  as  the 
j)ublic   safety,   in   the   ojiinion  of  said  Board,  may 
requjr(|. 

Adopted,  January  2C)th,  1801. 


146 


or>DiXANCEs  OP  jnf?sissrppi. 


CHAPTER  XYT. 

AN  ORDINAXCE  to  provide  for  publishing  the  Ordinances 
and  Journal  of  the  Contention. 

Duty  of  Be  it  ordained  hy  the  jx'ople  of  3Iisftissippi  in  Con- 
Secretary.  I'cnlion  assrnihleiJ.'  Tliat.  the  Journal  of  this  Con- 
vention f^liall  be  (lei)osited  by  the  SocD?tarv,  iu  the 
office  of  the  Secretary  of  State  ;  and  the  Ordinan- 
ces parsed,  and  the  .*iaid  Journals  shall  be  printed 
))y  the  State  Printer,  and  the  style  and  manner  pre- 
scribed by  law  for  the  publication  of  the  laws  and 
Journals  of  the  Legislature,  except  that  the  Ordi- 
nances and  Journals  shall  be  bound  in  one  volume 
in  the  style  prescribed  for  the  Ijinding  of  the  laws. 
Two  thousand  copies  of  said  Ordinances  and  Jour- 
nals'^ shall  be  published,  and  the  Printer  shall  be 
allowed  the  same  compensation  as  for  ])rinting  the 
How  dis-  laws  and  journals  of  the  Legislature.  AVhen  print- 
tributed.  ed  the  Secretary  of  State  shall  transmit  by  mail  to 
each  member  of  tlie  Convention,  one  copy  thereof, 
and  shall  distribute  the  residue  pro  rata  to  the 
several  counties,  as  the  laws  and  journals  are  dis- 
tributed. 

Adopted,  January  26th,  1861. 


CHAPTER  XYIL 


Jurisdic- 
tion re- 
sumed. 


AX  ORDINANCE  concorniuj;  the  jurisdiction  and  property 
of  tlic  United  States  of  America  in  the  State  of  Missis- 
sippi. 

The  iieopie  of  the  State  of  Mississippi  in  Conven- 
tion assembled,  declare  cnvd  ordian,  and  it  is  here- 
hy  declared,  and  ordained  n^s  folJmcs,  to-wit: 

Section  1 .  The  title  to  the  waste  and  ifnappro- 
priated  lands,  fortifications,  light-houses,  hospitals, 
custom-houses  and  all  other  property  owned  or  held 
by  the  said  United  States,  within  tlie  limits  of  the 
State  of  Mississippi,  on  the  0th  day  of  January, 


ORDINANCES  OF   MISSISSIPPI.  147 

18GJ,  and  all  jiirisdictuMi  over  the  same,  arc  hereby 
resumed  and  vested  in  the  State  of  Mississippi. 

Sec.  2.  The  Legislature  shall  have  power  to  Powers  of 
j)as3  all  laws  necessary  for  the  preservation  and  ^^S'*^^^*'^- 
disposition  of  said  lands,  fortifications,  light-houses, 
hospitals,  custom-houses  and  other  property,  and 
die  records  ])ertaining  to  the  same,  or  pertaining  t(t 
lands  heretofore  granted  or  sold  1»y  the  said  United 
States,  and  may  provide  for  the  adjustmei'.t  of  the 
claim  of  the  said  United  States  thereto. 

Sec.  'P>.     The  Legislature  shall  have  power  loofjudici 
provide  by  law  for  the  custody  and  preservation  of  ary. 
the  records  and  judicial  proceedings  of  the  Circuit  ^ 

and  Disti-ict  Courts  of  the  United  States  in  this 
State,  and  to  jiroscribe  (he  maunev  in  which  suits 
and  ])rocecdings.  civil  and  criminal,  now  ])endingi?i 
said  Coui'ts,  shall  be  tried  and  determined,  as  well 
as  to  prescribe  the  manner  in  which  the  Judgments 
of  said  Courts,  or  of  the  Supreme  Court  of  the 
United  States  in  Avhich  a  citizen  of  this  State  is  a 
pai-ty.  remaining  unexecuted,  and  the  judgments, 
mandates,  and  decrees  of  the  Supreme  Court  of  the 
United  States,  in   cases  now  pending  therein,  in  •     ('  ^ 

which  a  citizen  of  this  State  may  bo  a  part\-,  shall 
be  carried  into  eflect. 

Sec.  1.  The  Judicial  ])uwer  of  this  State  shall 
extend  to  cases  of  admiralty  and  maritime  juris- 
diction, and  the  Legislature  shall  provide  in  what 
courts  such  jurisdiction  shall  be  exercised. 

Sec.  5.     That  the  late  Marshals  of  the  LTnitedDuty  of 
States  for  the  Northern  and  Southern  Districts  of  Marshals, 
(his  State,  and  their  assistants  be,  and  the\'  are 
hereby  authorized  and  empowered  to  continue  tlie 
exercise  of  their  duties  so  far  as  it  may  be  neces- 
sary to  complete  the  census  returns  of  the  United  • 
States,  but  no  further, 

WILLLOl  S.  BARRY, 
F resident  of  /hr.  Convention. 
-    Adopted,  January  17th,  1861. 


I  CERTIFICATE.] 

This  is  to  certify  that  the  foregoing  printed  Ordinances 
and  Resolutions  a(hipted  at  a  Convention  of  the  State  of 
Mississippi,  liolden  in  Jackson,  in  the  month  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
one,  are  just  and  true  copies  from  the  originals  now  on  file 
in  my  office. 

Given  under  my  hand  and  the  great  seal  of  the  State  of 
Mssissippi,  at  the  city  of  Jackson,  this  8th  day  of  Februarv, 
1801.  ■  ^C.  A.  BROUGHER, 

Serrclari/  of  Sfntc. 


APPErai 


[DOCUMENT  A.I 
Jackson,  Mississippi,  January.  12th,  181)1. 

His  Excellexoy  J.  J.  PETTUS, 

Governor,  &c. 

Sir: — I  have  the  honor  to  inform  3'our  Excellency  that  in 
]iursuance  of  my  appointment  as  Commissioner  to  Tennessee, 
I  arrived  at  the  Ca]iitol  of  that  State  on  the  5.th  inst.,  and 
proceeded  at  once  to  lay  before  His  Excellency,  Governor 
Harris,  the  evidences  of,  and  enter  npon  the  duties  assigned 
to  mo  in  my  appointment.  The  Legislature  assembled  in 
extraordinary  session  on  the  7th  inst.  On  the  following  day 
Governor  Harris  scut  in  a  special  message,  accompanied  by 
my  credentials,  and  informing  the  body  that  I  was  ready  to 
communicate  Avith  them.  Thereupon  a  resolution  was  passed 
by  the  two  houses  inviting  me  to  meet  and  address  them  in 
joint  convention.  .That  duty  I  performed,  and  herewith 
present  to  your  Excellency  a  copy  of  the  Address  I  delivered 
on  the  occasion.  I  am  gratified  in  being  able  to  state  that 
there  is  a  growing  patriotic  sentiment  in  favor  of  the  stand 
assumed  by  the  seceding  States  in  resistance  to  the  domina- 
tion of  a  sectional  majority  which  is  about  to  assume  the 
reins  of  government  over  the  States  which  may  consent  to 
remain  in  the  Union. 

I  cannot  doubt  that  the  gallant  and  chivalrous  State  of 
Tennessee  will  consider  that  honor  and  duty  alike  require 
thai  she  shall  cast  her  lot  with  the  States  which  have,  and 
will  renounce  allegiaucc  to  a  Government  no  longer  willing, 


150 

if  indeed  able,  to  afford  that  protociioa  ti)  tiu'  iiitere^i.s  ami 
institutions  of  the  Swith  which  of  riirht  ))olonc^  to  them. 
T  liave  the  honor  to  )jo. 
Very  resi)ectfull\ , 

Your  obedient  servant. 

T.  J.  WHARTON. 

A1)1)HE.S<. 

J\]r.  Presiihnf  und  Gentlemen  of  the  Soialc  and  of  tin 
House  of  Representatives  of  Tennessee : — Returning  to  my 
native  i:^tatc,  after  many  year.s  residence  aliroad,  1  am  i)ro- 
Ibnndly  grateful  for  the  cordial  rece))tion  extended  to  meby 
his  Excellency,  the  Governor,  and  tho  assemlded  Represen- 
tatives of  the  people. 

I  know,  however,  and  am  proud  to  acknowledge  that  the 
compliment  is  not  intended  for  mc  personally,  but  for  the 
.^tate  which  T  have  the  honor  to  re])resent  on  this  occasion. 
In  her  name,  and  by  Jier  authority,  1  come  to  commune  with 
you  in  reference  to  tlie  fearfnl  jiolitical  ci-isis  which  has  be- 
fallen our  common  country,  in  the  hope  tiiat  the  co-operation 
of  Tennessee  may  be  secured  in  the  effort  to  preserve  the 
rights,  the  honor  and  independence  of  the  slaveholding  States 
of  this  Confederacy. 

'  I  am  charged,  in  tlie  language  of  my  commission,  to 
inform  your  honoral)lo  body,  and  the  people  of  the  State 
you  represent,  that  the  Legislature  of  3Ii.ssi.^sippi  has  passed 
an  act  calling  a  Convention  of  th<;  people  of  the  State  to 
consider  the  })resent  threatuing  r(.'lations  of  the  Northern 
and  Southern  sections  of  the  Confederacy,  aggravated  by 
the  recent  election  of  a  President  upon  principles  of  hostility 
to  the  States  of  the  South,  and  to  express  the  earnest  liope 
of  Mississippi  that  Tennessee  will  co-operate  Avith  lier  in  the- 
adoption  of  efficient  measures  for  the  common  defense  and 
safety  of  the  States  thus  threatened.  That  Convention 
assembled  on  the  7th  inst.,  and  is  now  in  session  deliberating 
u])on  th(;  action  contemplated  by  the  Legislature  in  the  act 
which  called  it  into  being. 

I  am  charged  also  to  present  certain  resolutions  adopted, 
almost  without  a  dissenting  voice,  enumerating  the  grievan- 
ces of  which  they  complain,  and  prescribing  the  remedy  for 
the  same.  Each  of  the  measures  thus  adopted  has  received 
the  sanction  of  the  people,  in  an  election  held  on  the  20t]i 
ult. 

A  popular  majority  of  not  less  than  18, 000, and  a  majority 


151 

in  the  Convention  of  from  OU  to  70,  have  cordially  endorsed 
the  action  of  the  Legislature  in  the  premises. 

Notwithstanding  the  dijBferences  of  opinion  that  exist 
amongst  us  as  to  the  character  of  the  remedy  ]n-o])osed,  ihere 
is  but  one  sentimeril  as  to  tlie  necessity  of  prompt  and  effi- 
cient action.  That  unanimity  of  sentiment  ])revailed  e\Tn 
before  the  recent  startling  events  which  have  occurred  in 
South  Carolina.  Probably  there  is  not  in  the  State  a  man 
who  does  not  feel  that  the  argument  is  exhausted;  that  it  is  in 
vain  longer  to  remind  the  dominant  majority  of  tlie  Nortli 
of  their  repealed  \'iolations  of  the  Constitutional  rights  of 
the  South,  of  tlie  consideration  upon  Asdiicli  the  South  acqui- 
esced in  the  compromise  measures  of  ISnO-Gl,  which  at  the 
time  convulsed  and  so  nearly  dissolved  the  Union. 

The  most  distinguished  leaders  of  the  party  opposed  to 
theiimnodiateand  separatesecessionof  the Stjite,  unhesitating- 
ly denounced  the  election  of  Mr.  Lincoln  as  a  declaration  of 
war  against  the  Southern  States,  and  indignantly  repelled 
the  thought  of  submitting  to  it. 

■  Indeed,  they  pointed  to  the  necessity  of  a  Southern  Con- 
federacy, and  only  sought  the  co-operation  of  Southern 
States,  and  to  secure  that  recommended  that  a  Convention 
of  such  States  should  be  held. 

Her  sovereign  voice  can  only  be  inferred  from  the  known 
and  declared  sentiments  of  the  delegates  who  hare  been 
elected.  In  a  few  days,  if  not  ere  this,  the  Convention  will 
give  expression  to  it  in  the  most  solemn  and  authorativc 
form.  When  that  has  lieen  done  it  will  be  the  conmiand  of 
the  sovereign,  Avhich,  like  the  fiat  of  the  Omnipotent,  chal- 
lenges the  obedience  of  every  citizen. 

That  obedience  will  be  rendered,  not  grudgingly,  but  with 
alacrity.  Already  the  public  mind  is  expecting  it,  and  is 
prepared  for  it. 

Forgetting  all  past  political  dissensions,  her  sons  will 
gather  round  lier  standard,  and  vieing  with  each  other  in 
demonstrations  of  loyalty  and  aficction,  there  swear  eternal 
lidclity  to  lier  sacred  cause. 

Without  i-epcating  the  almost  innumerable  instances  in 
which  the  anti-slavery  sentiniciit  of  the  North  has  invaded 
the  constitutional  riglits  of  the  people  of  the  South,  many 
of  whicli  arc  set  forth  in  the  preamble  to  the  resolutions 
adopted  by  the  liCgislattu'c  of  Mississippi,  I  may  say  its 
aggressive  spirit  has  culminated  in  the  recent  Presidential 
election. 


152 

The  election  of  a  sectional  candidate,  by  a  dominant  sec- 
tional niajoriiy,  on  a  platform  of  hostility  to  the  constitu- 
tional ritrlits  of  the  people  of  lifteon  sovcreipi  States,  was 
an  event  which  never  entered  Ihe  minds  of  the  framers  of 
the  Constitution.  Like  parricide  amongtst  the  Grecians — 
there  was  no  law  to  pwnish  it,  as  they  supposed  no  child 
could  be  so  unnatui-al  as  to  murder  his  ])arent.  So,  ike 
sages  who  Iramed  the  Maijna  Charta  of  our  liberties,  never 
imagined  that  the  time  would  come  when  it  would  be 
possil)l<.\  in  a  Government  of  equal,  confederated,  sister 
.sovereigns,  that  a  majority  .organized  u])on  principles  of 
deadely  lioslility  to  the  domestic  institution  of  the  minority, 
would  obtain  the  ascendancy. 

The  cardinal  principles  upon  which  the  tlicory  of  govern- 
ment i-ests  which  tliey  inaugurated  was  the  absolute  ecpiality 
of  the  States,  in  all  political  rights  and  privileges. 

To  establish  that  principle,  the  battles  of  the  Revohition 
were  fought.  It  was  worth  all  the  blood  and  treasure,  pri- 
vations and  suffering  it  cost.  When  it.  has  l>cen  ^urrendered, 
nothing  accom])lis]ied  by  the  Revolution  worth  preserving 
will  remain.  Mississippi  has  detei-mined  to  cling  to  it,  "  as 
the  mariner  clings  to  the  last  plank,  wheii  night  and  the 
tempest  have  gathered  around  him."" 

It  is  not  the  mere  election  of  Lincoln — insulting  as  that 
of  itself  would  be,  in  view  of  the  oflensive  sentiments  he 
has  ulterod.  and  is  known  to  entertain — which  has  awakened 
that  tornado  of  ])opular  indignation  which  is  now  sweeping 
over  llie  South.  It  is  not  the  mere  platform,  upouwhich  he 
was  nominated — infamous  as  that  is  to  the  Southern  man — 
but  it  is  the  determined,  aggressive  spirit  of  Abolition,  under- 
lying and  sustaining  the  party  which  has  secured  his  triumph 
and  tlie  overthrow  of  the  Constitution.  It  is  the  nnapjieas- 
ableliuti-ed  which  that  party  cherisiies,  and  has  ever  cherished, 
for  slaveiy  and  (ho  slaveholder,  that  proclaims  to  us  that 
thei-e  is  an  "  ii'repressible  conflict"'  between  them  and  us.  It 
is  that  the  Chair  of  State,  once  occu])ied  by  Washington,  is 
to  l)e  desecrated  by  the  chief  of  a  ])arty  which  has  risen 
uj)on  the  ])rinciple  of  denying  to  the  citizens  of  fifteen 
sovereign  States  that  equality  of  rights  secured  to  them  in 
the  common  property  of  all  the  States.  It  is  that  an  insti- 
tution existing  at  the  formation  of  the  Constitution,  and  now 
the  foundation  of  the  wealth,  jn'osperity  and  happiness  of 
twelve  millions  of  pco})le,  is  to  be  outlawed,  and  the  moral 
sentiment  of  the  world  invoked  to  make  it,  and  those  who 
tolerate  it,  hateful.     It  is  that  the  President  elect  owes  his 


153 

triumph  to  such  a  party,  that  he  has  pandered  to  such  a 
sentiment,  and  tliat  tlio  Government  is  to  be  administered 
for  sucli  a  purpose,  that  the  State  of  Mississippi  has  resolved 
—whatever  may  be  the  issue — fearlessly  to  appeal  to  the 
God  of  liattles,  the  justice  of  her  cause,  and  the  arbitrament 
of  mannkiud.  Come  what  may,  though  it  should  cost  every 
drop  of  blood  and  every  cent  of  property,  she  will  never 
submit  to  the  domination  of  sucli  a  party  and  of  such  a 
chief. 

In  that  appeal,  she  invokes  no  symj)athy  or  compassion. 
She  has  fully  counted  the  cost  of  resistance.  She  has  not 
rashly  taken  her  positioii.  A  necessity  too  stern  and  imperi- 
ous to  l)e  disreg-arded,  demands  that  she  should  assume  the 
,u;uardians1iip  of  her  own  rights  and  honor.  She  will  never 
consent  that  cither  shall  be  under  the  control  of  a  govern- 
ment hostile  to  her  and  hers.  She  ardently  desires  the 
co-operation  of  her  sisters,  having  a  common  interest  and 
destiny.  She  dclies  and  despises  the  malice  of  her  foes. 
She  has  sent  commissioners  to  all  the  slaveholding  States  to 
invite  their  co-operation  in  defense  of  common  riglits  against 
a  common  enemy.  She  bids  me,  as  her  representative,  say 
to  her  chivalrous  sister,  Tennessee,  that  she  has  too  often 
illustrated  her  heroism  in  arms,  and  her  wisdom  in  council, 
to  doubt  that,  as  upon  the  deatldess  plains  of  Chalmetteand 
at  the  storming  of  Monterey  they  stood  shoulder  to  shoulder, 
they  will  be  separated  now  when  the  holies  (>  cause  that  ever 
inspired  the  human  heart,  summons  them  to  the  conflict. 

Mississippi  knoAvs  and  appreciates  the  loyalty  to  the  Union 
which  has  ever  distinguished  her  sister.  The  sentiment  has 
an  abiding  place  in  her  own  bosom.  To  it  she  is  ready  to 
sacrifice  everything  which  a  proud  sovereign  State  may  or 
dare  sacrifice  of  ease,  comfort  or  convenience.  Her  honor 
ami  constitutional  rights  she  may  not,  dare  not  surrender. 
For  the  honor  of  the  National  Government,  slie  has  sacrificed 
hecatombs  of  her  best  sons.  To  vindicate  her  own  honor 
she  is  ready  to  sacrifice  her  last  son,  and  herself  disappear 
from  the  map  of  nations.  She  bids  me  say  that  "  she  loves 
and  cherishes  the  Union ;  that  she  remembers,  with  the 
kindest  feelings,  our  common  origin,  with  pride  our  common 
achievements,  and  has  fondly  anticipated  the  conmion  great- 
ness and  glory  which  has  seemed  to  await  us  ;  but  that  origin, 
achievements  and  anticipation  of  coming  greatness,  are  to 
us  as  nothing  compared  to  this  question  ;  that  it  is  to  us  a 
vital  question :  that  it  involves  not  only  our  liberty,  but 
what  is  greater  (if  to  freemen  anything  can  be)  existence 


154 

itsellV  vSo.  viowinu;  it.  niul  (li>:pniring-  of  n  roturning  i-ensc 
of  justice  with  hoi-  lianglity  and  vit-lorlous  foe,  she  liaB 
(loterinined  to  wclconio  doalii  i-ather  than  submission.  She 
consider.s  a  dissolution  of  tlio  Union  a  great  thongli  not  tho 
greatest  calamity.  In  tlie  language  of  her  own  AA'arrior 
statesman,  the  fearless,  the  ciiivalrous  Davis.  "iShc  would 
cling  tenaciously  to  our  constitutional  (lovernment.  seeing 
as  she  docs,  in  the  fraternal  union  of  c(jual  States.  *he  liencfit 
to  all,  and  the  fulfillment  of  that  high  destiny  which  our 
fathers  hoped  foi'  and  left  it  foi-  their  sons  to  attain.  She 
has  seen  the  national  flag  surrounded  J)y  the  flags  of  foreign 
countries  and  the  i)ulsations  of  her  heart  have  lieat  quicker 
with  every  breeze  whicli  displayed  its  honored  stri])es  and 
brilliant  constellation.  She  has  looked  with  veneration  on 
those  stripes,  as  recording  the  original  size  of  our  political 
family,  and  MTth  pride  upon  that  constellation,  ay  juavkiug 
the  family's  growth.  She  glories  in  the  position  her  own 
star  liolds  in  the  group,  but  sooner  than  sec  ifs  lusti-e 
dimmned  :  sooner  than  see  it  degraded  from  its  'prcsejit 
equality,  she  would  tear  it  from  its  place,  to  be  set  even  on 
the  perilous  ridge  of  Ijattle,  as  a  sign  round  which  her 
bravest  and  best  should  gather  to  the  harvest  home  of  death." 
What  has  transpired  since  the  election  to  encourage  the 
hope  that  the  dangers  apprehended  from  the  triumph  of  the 
Black  Republican  party  are  disappearing  or  diminishing  ? 
Whilst  prayers  and  supplications  are  going  up  from  the 
hearts  of  patriots  that  He  who  stillcth  the  tempest  and  rules 
in  the  armies  of  men,  would  disperse  the  dark  storm-cloud 
which  overshadows  the  land  ;  whilst  the  silent  watches  of 
the  night  have  attested  the  zeal  of  venerated  statesmen  to 
concert  measures  to  preserve  alike  the  Union  of  the  States 
and  the  rights  of  the  South,  what  indication  have  our  ene- 
mies given  of  a  willingness  on  their  ])art  to  recede  from  the 
l)Ositioji  which  has  caused  all  the  danger?  Go  to  their 
organs — of  the  public  press — and  to  their  speakers  on  the 
floor  of"  Congress,  and  catch  the  haughty  contempt  with 
wliicli  they  treat  a  suggestion  that  their  platform  shall  be 
modified,  or  the  oficnsive  State  enactments  of  Avhich  we 
complain,  repealed.  They  are  themselves  ready  to  denounce 
their  chosen  chief  as  a  traitor,  if  in  the  ])olicy  upon  which 
he  shall  administer  the  (jovernment,  he  fail  to  carry  out  the 
platform  on  wiiich  lie  was  nominated,  or  should,  for  a  moment, 
yield  to  the  "  insolent  dcnuindsof  a  hateful  slave  oligarchy." 
Catch  the  exultant  note  with  which  they  hailed  his  election, 
as  the  final  OA'crthi-ow  of  slavery.  Hear  the  swelling  chorus 


155 

borne  on  every  breeze  to  every  laud  proclaiming  the  first 
triumph  of  tlie  party  which  should,  at  no  distant  day,  inau- 
gurate the  reioii  of  equality  of  all  races  and  colors,  and  the 
universality  of  the  elective  franchise.  Look  at  their  Presi- 
dent elect,  whose  silence  since  his  election,  and  during  the 
canvass,  has  been  as  profound  as  it  is  ominous.  Read  liis 
last  r?e^{i;(?ra??c<j<9  to  the  public  ear.  As  late  as  the  I6II1  of 
April,  1859,  he  said  :  "  This  is  a  world  of  compensation,  and 
he  Avho  would  be  no  slave  must  consent  to  have  no  slave. 
Those  wlio  deny  freedom  to  others  deserve  it  not  for  them- 
selves and  under  a  just  God  cannot  long  retain  it."  But 
once  during  the  canvass  was  his  voice  heard,  whicli  was 
wlien  he  sjioke  at  his  own  door  to  his  neighbors  and  friends. 
At  Springfield  the  last  of  Jul}-,  or  early  in  August,  he  Avas 
put  forward  very  unexpectedly,  and  spoke  with  less  tlum 
his  accustomed  caution.  He  said:  "My  friends  you  will 
light  for  this  cause  foui*  years  hence,  as  you  now  light  for  it. 
though  I  may  be  dead  and  gone.'' 

Connncnting  upon  this  speech  a  distinguished  son  of 
1  Pennsylvania,  loyal  to  tlic  constitution  as  a  compact  between 
tiio  States,  ^^aid  :  '"Tiiere  is,  tlien,  to  be  no  repose,  no  settle- 
ment, uoiinality  under  his  administratioji.  The  'fight'  is  to  go 
on — nay,  it  is  to  be  stronger  then  than  nOw.  Not  content  witli 
victory  of  the  compact  North  over  the  stricken  and  insulted 
South,  the  arms  are  not  to  be  laid  aside — the  array  is  not  to 
tic  broken — peace  and  conciliation  are  not  even  hinted. 
Domestic  slavery,  driven  by  a  triumphant  Executive  and 
Congressional  majority  from  the  Territories,  is  to  be  be- 
leagured  in  the  States.  It  is  to  exist  by  sufferance — it  is  to 
i"ic  destroyed  ])y  compression,  and  the  varnished,  plausible 
and  deceptive  Republicanism  of  18G0  is  to  become  the  agres- 
sivc  Abolition  of  1864.  So  says  Mr.  Lincoln,  if  his  language 
has  any  meaning: 

In  order  that  you  may  see  what  will  be  the  policy  of  his 
administration,  I  state  Mr.  Lincoln's  position  in  his  own 
words.     He  says  : 

"It  is  my  opinion,  it  (the  slavery  agitation)  will  not  cease, 
until  a  crisis  has  been  reached  and  passed.  A  house  divided 
against  itself  cannot  stand.  I  iDelieve  this  government 
cannot  endure  permanently,  half  slave  and  half  free.  1  do 
not  expect  the  house  to  fall.  But  I  do  expect  it  will  cease 
to  be  divided.  It  will  become  all  one  thing  or  the  other. 
Either  the  opponents  of  slavery  will  arrest  tlie  further  spread 
of  it,  and  place  it  where  the  public  mind  shall  rest  in  the 
belief  that  it  is  in  the  coiu-se  to  ultimate  extinction  ;  or  its 


156 

advocate--'  Avill  pusli  it  forward  until  it  shall  become  alike 
lawful  ill  ••''1  1^'"  ?i'f"-  n1(1  M.-  v\-,.n  ;).•  now,  X«^rt1i  fi^  ^vo^] 
as  Soutli. 

Again  nr  -as.'^  : 

"I  embrace  with  pleasui'C  tlie  o]jportunify  of  declaring 
iivj  (lisajjjirohation  of  that  olau-e  of  the  Con^ftitution  winch 
denies  a  portion  of  the  cohu-cd  ])eople  the  right  of  suffrage." 
'  "True  Democracy  makes  no  inquiry  al)out  the  color  of  the 
skin,  or  place  of  nativity,  or  any  other  circumstance  or  con- 
dition. I  regard,  therefore,  the  exclusion  of  the  colored 
people,  as  a  body,  from  the  elective  franchise,  as  f/KO/^</K?#i'W(' 
Avitli  true  Democratic  principles." 

And  yet  again,  with  still  greater  emphasis,  and  cxplictness: 

"That  no  man  is  good  oiough  to  govern  another  man, 
tvithofif  (he  of-'ars  iwisrut.  I  sav  tlii?  is  the  leading  j)rinci- 
ple— the  SHEET  A'NCHORoi' J unn-xm  licpnhluynism. 

The  m'is/er  not  only  governs  the  slave  without  liis  consent, 
but  he  governs  him  by  a  set  of  rules  altogether  different 
from  those  which  he  prescribes  for  himself.  Alh)w  all  the 
governed  AN  EQUALFOECE  IN  THE  GOVERN]\rENT, 
and  that,  and  tliat  only,  is  self-government. 

I  advert  to  these  extracts  to  show  hoAv  \ain  and  delusive 
the  hope  that  a  remoi'seless  fan;\ticism,  wliich  has  fiistencd 
its  fangs  in  the  vitals  of  the  Constitution,  will,  in  the  flush 
of  triumphs,  stay  its  hand  from  farther  and  yet  hauglitier 
demands.  Never,  in  tlie  history  of  nations,  ha«  such  a  spirit 
paused  or  taken  a  step  backward.  It  is  unappeasable.  It 
shows  no  (Quarter.  It  takes  no  prisoueri;.  Tt  wages  a  war 
of  exti'rminatioii,  more  relentless  tlian  a  war  of  races  or  of 
castes.  It  must  be  met  with  brave  hearts  and  stout  arms. 
and  crushed  out.  or  its  desolating  sweep  over  organized 
Governments  will  be  more  fearful  than  the  unchained  Avinds 
which  rend  forests  and  scatter  fleets.  Nearly  a  quarter  of 
a  century  ago,  when  this  voracious  demon  was  in  its  swad- 
dling clothes,  and  the  nurses  in  charge  made  their  first 
requisition  upon  Congrcssin  the  shape  of  Abolition  Petitions, 
Mr.  Calhoun  raised  his  prophetic  voice  in  words  of  wisdom 
and  Avnrning,  which,  if  heeded,  would  have  arrested  the 
temblc  catastrophe  now  imminent  and  unavoidable.  He 
then  declared  that  aggression  should  not  be  met  by  conces- 
sion ;  that  those  who  acted  upon  the  principle  that  it  should, 
were  prepared  to  become  slaves  ;  that  if  an  inch  Avas  conce- 
ded, concession  would  follow  concession,  compromise  would 
follow  compromise,  until  our  ranks  would  bo  so  broken  tbati 


157 

effectual  resistance  would  be  iiiii)ossiblc.  He  couii.sellcd  that 
tlie  enemy  should  bo  met  on  the  frontier  with  a  fixed  deter- 
mination to  maintain  our  position  at  every  hazard.  Tracing 
the  subseciucnt  history  and  career  of  that  spirit  of  ap-ression 
whicl)  liad  seized  tlie  Northern  mind,  lie  undertook  to  predict, 
tliat  however  sound  the  great  body  of  the  non-slaveholding 
States  then  were,  that  in  the  course  of  a  f(jw  years  they 
would  be  succeeded  by  tliose  wlio  will  have  been  taught  to 
hate  the  people  and  institutions  of  nearly  one-half  of  this 
Union,  with  a  hatred  more  deadly  thaii  one  hostile  nation 
ever  entertained  towards  another.  He  said  it  was  easy  to 
sec  the  end.  By  the  necessary  course  of  events,  if  le-ft  to 
themselves,  we  nuist  become.  Jinally,  two  people.  It  is  im- 
|)Ossible,  under  the  deadly  hatred  which  nmst  spring  up  be- 
tween the  two  great  sections,  if  the  present  causes  arc 
permitted  to  o])eratc  unchecked,  that  we  should  continue 
under  the  same  political  system.  The  conflicting  elements 
would  burst  the  Union  asunder,  as]>owerful  as  are  the  links 
which  hold  it  together.  AbolitioTi  and  the  Union  cannot 
co-exist.  As  the  friend  of  the  Union,  I  openly  ])roclaim  it. 
and  the  sooner  if  is  known  the  better.  The  ibrmer  may 
now  be  controlled.  Imt  in  a  short  time,  it  will  be  beyond  the 
power  of  man  to  arrest  the  course  of  events.  We  of  the 
South  will  not.  cannot  surrender  our  institutions.  The  sul> 
version  of  them  will  drench  the  country  in  blood,  and  extir- 
liate  one  or  other  of  the  races.  I  quote  his  words,  and  as 
!  repeat  them  who  is  not  struck  with  the  inspiration  of  his 
utterance,  and  ihe  fullillment  of  his  prediction?  What 
heart  does  not  send  up  the  prayer,  'vl  would  his  counsels  and 
warnings  had  been  heeded.''  But  they  were  regarded  at  the 
time  as  the  sickly  abstractions  of  a  dreamer  and  metaphy- 
sician. 

Men.  in  their  impotence  to  j-each  the  height  of  this  great 
argument,  not  gifted  with  his  far  reaching  sagacity,  adopted 
the  opposite  policy.  "Others,  for  .a  while,  seemed  struggling 
"neath  their  arguments,  he.  from  above,  dosconding  stooped 
to  touch  tlie  loftiest  tliought.'' 

1  have  purposely  avoided  a  discussi(ni  of  the  remedy  pi-o 
posed  in  the  resolutions  adopted  by  the  Legislature  of  Mis 
sissippi.  1  know  full  well  thf  sentiment  which  has  long 
prevailed  in  Tennessee  on  that  subject.  1  coidd  not  hope  to 
change  it,  and  T  would  not  l)e  understood  as  presuming  to 
dictate.  Besides,  practical  re:>ult.s  are  more  to  be  desired 
than  discussions  of  abstract  propositions.  It  will  make  uo 
diffci  -ace  as  to  the  form  of  the  remedy,  or  the  name  by  which 


158 

it  is  called,  if  wc  arc  animated  by  the  same  determined  pur- 
pose, to  maintain  the  riglits  oC  the  South  at  whatever  liazard 
orlcost.  We  may  lind  ourselves  borne  along  by  the  current 
of  events,  and  forced  to  defend  what  we  might  be  imwilling 
to  aid  in  producing. 

My  lirstand  great  concern,  the  chief  object  indeed  of  my  mis- 
sion, is  to  kiiov  that  Tennessee,  like  Mississippi,  will  bear  all. 
brave  all.  Init  nevci*  submit  to  be  ruled  over  by  a  Black 
Re}tublicun  Administration.  Events  are  crowding  upon 
each  other  with  startling  rapidity.  The  Kubicon  is  already 
passed.  Nulla  reirorfium  vestigia,  is  inscril)ed  upon  every 
shield  and  every  helmet.  South  Carolina — aptly  denomina- 
tt^d  the  Harry  Percy  of  tlie  Union — lias  Hung  to  the  wild 
winds  free  her  banuei"  of  State  independence,  and  back  from 
the  Spirit  laud  comes  the  cheering  Avar  cry  which  nerved  the 
arms  and  hearts  of  her  Snmjitei's  and  Marions,  her  I^ickens 
and  Rutledges,  now  echoing  in  tones  of  thunder  in  the  ears 
<;if  thoir  descendants — 

"Strike,  till  the  last  armed  foe  expires, 
Strike  for  your  altars  and  your  fires, 
Strike  for  the  green  graves  of  your  sires — 
God  and  your  native  land." 

Georgia,  Alabama,  Mississippi,  Louisiana,  Florida.  Texas, 
will  catch  the  swelling  refrain,  and  high  above  the  croaking 
voice  of  submission,  they  will  pledge  hearts  and  hands  to 
South  Carolina — together  march  to  victory  and  indepen- 
dence, or  when  the  "last  torch  of  liberty  shall  burn  then 
sleep  the  night  of  death."  Aye,  and  Tennessee  will  enter 
the  grand  carnival — not  with  slow  and  measured  tread,  but 
with  all  her  l.ianners  waving  and  ready  to  charge  with  all 
her  chivalry.  Before  I  could  doubt  it,  I  should  have  to  ob- 
literate the  brightest  pages  of  my  country's  history — ignore 
the  undying  laurels  with  which  fame  decked  the  brow  of  the 
immortal  Jackson,  on  the  plains  of  Chalraette  and  the  more 
recent,  but  undying  harvest  of  glory  which  were  gathered 
by  her  sons  amidst  the  siorming  of  Monterey.  If  such  a 
doubt  were  foreed  upon  mj'  mind — as  a  native  of  the  Stato 
— 1  would  throw  myself  upon  her  bosom,  and  in  thelangiiage 
of  another.  I  would  exclaim  :  Oh  Earth,  Earth,  Earth !  as 
did  tlie  Ilcbrciw  Pi-ophet  when  wearied  out  with  the  perver- 
sity of  his  countrymen,  he  turned  to  his  native  soil  and  ad- 
jured that,  to  see  if  he  could  not  arouse  within  it  some 
answering  spirit.  If  such  an  appeal  was  made  to  the  soil  of 
Tennessee  in  such  a  case,  it  seems  to  me  that  the  very 
genius  of  the  place  would  spring  forth,  and  trumpet-tongued, 


159 

rfOimd  the  call,  which  from  the  topmost  height  of  her  mouu- 
tains  to  the  depth.^  of  lier  valleys  would  >iuumon  her  sous  to 
the  rescue. 

That  souicthiug  must  ho  done,  and  speedih  done,  a,ye,  be- 
fore the  reins  of  Government  shall  ])ass  into  the  hands  of  our 
haughty  and  insolent  foes,  the  lamest  submissionists  admit. 
Yielding  to  the  sentiment  of  resistance,  Avhich  wells  up  from 
the  great  popular  heart  of  the  South,  her  statesmen  and 
])atriots — men  of  Avisdom  and  p'!hidenc^\  Avho  "hold  the  helm 
when  ],)assion  l)lows  the  gale.'"'  haAC  exhausted  every  effort  to 
restore  peace  to  a  distracted  country. 

Their  very  ])raycrs  and  su]>plieations  on  behalf  of  the 
Constitution,  and  the  co-equal  rights  of  the  States  have  been 
insulted  anil  derided  1)y  our  ouMuies  whether  addressed  to 
a  throne  of  grace  orto  theirown  adamantine  hearts.  If  appeals 
are  made  to  their  sense  of  patriotism — if  they  arc  reminded 
of  a  coumion  ancestry  and  a  common  revolutionarv  struggle, 
of  the  purer  days  of  the  Republic,  when  Wasiiington  and 
Adams,  Jefferson  and  Hancock,  and  their  illustrious  compeers, 
met  at  the  same  shrine  ajid  presented  their  offerings  on  the 
same  altar,  with  pharasaic  piety  they  turn  away  disdaining 
fellowship  with  slavery,  and  sLiAcholders.  When  reminded 
of  their  breaches  of  faitli  hi  the  observance  of  solemn  coven- 
ants and  violations  of  plain  provisions  of  the  Constitution, 
and  exhorted  not  to  drive  us  to  extremities  in  the  defence  of 
(Hu-  rights,  our  exhortations  are  denounced  as  threats.  A 
paper  wielding,  perhaps,  a  wider  influence  over  Northern 
senthnent  than  any  other,  and  which,  from  the  part  taken  by 
its  editor  in  securing  his  nomination,  may  be  presumed  to 
express  the  feelings  of  Mr.  Lincoln,  and  the  party  of  which 
it  is  the  accredited  organ — (the  New  York  Tribune)  repels 
with  ridicule  all  such  appeals.  The  only  answer  made  to 
the  South  is  to  justify  all  that  iias  been  said  and  done  by  the 
])arty.  It  protests  that  they  have  elected  a  President  by 
honest  legal  "s'otes,  on  the  largest  ])oll  ever  known,  and  after 
the  most  heated  canvass  ever  had  in  the  country — that  they 
have  done  just  exactly  what  (hey  had  a  right  to  do,  what 
they  ought  to  have  done,  and  what  should  liave  given  peace 
and  prosperity  to  the  Union,  and  that  all  the  distress  and 
danger  now  existing  spring  IVom  the  fact  that,  the  factions 
they  have  fairly  beaten,  insist  that  they  sliall  repudiate  their 
principles  and  surrender  the  just  fruits  of  their  triumph,  or 
that  they  will  lu'cak  up  the  I'nion.  It  hails  with  acclama- 
tions of  rejoicing  the  failure  of  the  committees  of  Congress 
to  devise  any  plao.p,f  .adjustment.    It  tliroys  ba^clf  upgn  ttie, 


160 

South  tho  rcsponsil)ility  (or  nil  the  dan2,'crr<  which  exifst,  and 
rlonoimccs  it  for  trca.^^on  and  disimion. 

Why  talk  to  such  people  about  new  guarantees,  auiend- 
nientfj  of  tho  Con.-stitution,  <^-c.  ?  In  the  first  place,  we  know 
how  they  would  lie  met ;  crimination  and  ridicule  arc  the 
i-oply  they  make  ;  denying*  that  the  evils  complained  of  exist 
— liut,  if  they  (k).  that  they  are  of  our  own  creation.  In 
the  second  place,  what  reason  have  we  to  suppose,  if  our  de- 
mands were  accepted,  that  the  amendments  and  new  guar- 
antees would  lie  more  faithfully  ohscrved  than  the  plain  pro- 
visions of  the  Constitution  and  the  Fugitive  Slave  Law 
have  been?  ' 

They  have  been  educated,  for  the  last  forty  years,  in  the 
nurseries,  in  the  Sunday  schools,  from  the  pulpit,  at  the  bar, 
in  the  legislative  halls,  and  from  the  hustings  to  loathe 
slavei-y  and  the  defenders  of  it.  This  has  all  to  be  undone. 
It  is  impossible  to  "eradicate  the  sentiment  from  the  minds 
and  hearts  of  the  present  generation.  With  the  masses,  the 
sentiment  has  been  engendered  by  religious  fanaticism,  and 
by  appeals  to  their  prejudices.  They  have  been  taught  that 
sraveholders  disdain  labor,  and  look  with  contempt  upon  the 
laboring  classes,  regarding  them  alike,  whether  white  or 
black,  as  an  inferior  caste  in  society.  With  the  leaders,  it 
originates  in  a  contest  for  political  supremacy,  and  a  jealou- 
sy of  the  influence  which  the  South  has  exercised  by  her 
wisdom  in  council  and  her  heroism  in  arms. 

Of  what  avail  would  all  the  constitutional  compacts  in 
the  world  be  when  coming  in  contact  with  a  sentiment  such 
as  that  imbedded  in  the  hearts  of  the  people?  All  laws  de- 
pend for  their  efficacy  and  enforcement  upon  the  consent 
and  loyalty  of  those  who  administer  them,  and  those  for 
whose  government  they  were  intended. 

Such  being,  then,  the  sentiment  and  feelings  of  the  pai'ty 
which  will  be  charged  with  the  administration  of  the  Gov- 
ernment after  the  4th  of  March,  what  safety  or  protection 
will  there  be  for  Southern  men  and  property,  seeing  that 
new  guarantees  cannot  be  obtained,  and  if  they  could  be, 
would  never  be  oliserved. 

Slavery,  of  all  property  in  the  world,  most  needs  the  pro- 
tection of  a  friendly  government.  As  well  commit  the  lamb 
to  the  protection  of  the  wolf,  as  slavery  to  the  protection  of 
a  Government  hostile  to  it. 

Besides,  all  these  propositions  involve  delay,  and  delay 
now  is  fatal.  It  is  not  wonderful,  indeed  it  is  most  natural, 
that  up  to  this  timo  wo  should  have  held  back— that  we 


161 

should  have  tried  to  keep  others  back  until  the  wisest  and 
most  prudent  counsels  had  calmly  surveyed  the  whole  field, 
and  had  failed  to  discover  a  remedy  for  the  disorders  pre- 
vailing. That  nnich  deliberation  was  due  to  the  sacred 
trust  committed  to  us,  and  to  the  cause  of  human  liberty 
throughout  the  world.  But  events  of  the  past*  fcAv  days  ad- 
monish us  tliat  but  little  time  remains  for  deliberation  and 
decision.  Some  may  deplore  the  course  of  South  Carolina 
as  precipitate  and  ill-advised — others  may  regard  it  as  un- 
just to  her  sisters,  having  an  equal  interest  and  a  common 
destiny  with  her — others  again,  may  hail  it  as  the  magic 
wand  which  shall  extract  the  forked  lightning  from  the 
storm  cloud  and  convey  it  harmless  to  the  eartli,  or,  as  "a 
bright  Iris  o'er  the  boiling  surge."  Whatever  may  be  the 
view  taken  of  it,  whether  approved  or  condemned,  her  lone 
star  has  been  unfurled  and  ]n'oudly  courts  the  breeze.  Mis- 
sissippi has  sent  her  word  of  cheering.  "On  ye  brave,  who 
rush  to  glory  or  the  grave.  Wave,  South  Carolina,  wave, 
all  thy  banners  wave,  and  charge  with  all  thy  chivalry." 
God  grant  that  Tennessee,  the  synonym  of  patriotism  and 
dauntless  heroism,  true  to  her  own  high  instincts,  lier  his- 
toric renown,  and  the  fame  of  her  illustrious  chieftain,  who 
has  rendered  her  own  and  his  name  immortal,  may  also  arm 
to  the  teeth  and  resolve  to  tlie  death  in  defence  of  her  gal- 
lant sister,  the  Queen  of  the  Atlantic ! 

What  said  the  illustrious  ex-President  Fillmore  in  his 
speech  at  Albany,  in  1855,  wheu  contemplating  the  very 
event  which  has  occurred — the  election  of  a  sectional  Pres- 
ident— and  which,  though  not  the  cause,  is  the  occasion  of 
the  wide-spread  excitement  at  the  South  :  "can  they,"  (refer- 
ring to  the  people  of  the  North,)  "have  tlie  madness,  or  the 
folly,  to  believe  that  oiu'  Southern  brethren  would  submit  to 
be  governed  by  such  a  Chief  Magistrate  ?  Suppose  that 
the  South,  having  a  majority  of  the  efectoral  votes,  should 
declare  that  they  would  have  only  slaveholders  for  President 
and  Vice-President,  and  should  elect  such  by  their  suffrages 
to  rule  over  us  at  the  North,  do  you  think  you  would  sub- 
mit? No,  not  for  a  moment.  Do  you  believe  that  your 
Southern  brethren  are  less  sensitive  on  this  subject  than  you 
are,  or  less  jealous  of  their  rights?  If  you  do,  let  me  tell 
you  you  are  mistaken  ;  and  therefore  you  must  see  that  if 
this  sectional  party  succeeds,  it  leads  inevitably  to  the  des- 
truction of  this  beautiful  fabric  reared  by  our  forefathers." 
Again,  in  his  speech  at  Rochester,  the  same  season,  referring 
C— 31 


162 

to  the  same  crent,  he  said  :  "the  success  of  such  a  party 
with  such  an  oliject,  must  be  a  dissolution  of  the  Union,'' 

What  said  tlic  lion.  Mr.  Vallandiffham,  member  of  Con- 
gress from  Oliio?  "'I  tell  you,  a?  a  Western  man,  and  I  tell 
the  gentleman  from  Tennessee,  (Mr.  Nelson.)  tliat  when  you 
of  the  South  sliall  have  attained  the  numerical  power  and 
strengtli  in  this  Union,  and  shall  organize  a  Southern  party 
on  a  Southern  basis,  and,  under  the  forms  of  the  Constitu- 
tion, shall  elcci  a  Southern  President,  for  the  ])urpose  of 
controlling  the  vast  power  and  patronage  and  influence  of 
the  Government  by  action  or  non-action,  for  the  advance- 
ment of  Southern  interests  ;  and  above  all,  for  the  purpose 
of  extending  slavery  into  States  now  free.  I  will  meet  you 
as  the  Irish  putriot  would  liave  met  the  invaders  of  Ireland 
— with  a  sword  in  one  hand  and  a  torch  in  the  other  ;  dis- 
pute every  inch  of  ground — burn  every  blade  of  grass,  till 
the  last  intrenchraent  of  independence  shall  be  my  grave. 
I  will  not  wait  for  an  overt  act.  What!  Do  I  not  know 
that  fire  will  burn  ;  that  frost  will  congeal ;  that  steel  and 
poison. will  do  tiicir  work  of  destruction  to  the  human  sys- 
tem :  and  shall  I  await  the  slow  process  of  experiment  to 
a.-:certain  their  rational  and  inevitable  effects?"'  This  was 
spoken  in  answer  to  tic  quo-tion  wlicther  the  South  would 
be  justilied  in  resisting  the  election  of  a  Northern  sectional 
candidate  on  a  sectional  jdatform. 

1  quote  a  passage  from  a  single  other  Northern  statesman, 
(Hon.  Caleb  Cashing,)  on  the  same  point.     After  arguing 
to  them  the  ])nu'tical  result  of  the  election  of  such  a  candi- 
date, he  says  :  "I  repeat,  confidently,  if  Mr.  Lincoln  is  elect- 
ed, the  Republicans  will  have  to  break  up  at  once,  or  attack 
the   domestic   rights  of  the  South.     What,  then,  will   the 
people  of  the  Southern   States,  attacked   ill  their  constitu- 
tional rights,  their  doyiestic  peace,  their  ])roperty,  and  their 
persons  do?     What  will  they  do?     Will  they  pas.sively  sub- 
mit to  be  conquered  sultjects  of  New  England  ?     No.     I  do 
not  hope,  believe  or  doubt  what  they  will  do.    I  know  they 
will  defend  themselves  to  tlie  uttermost — first  with  constitu- 
tional means,  in  fine,  with  all   the  mcaiis  of  defence   which 
God  and  nature  have  committed  to  them  ;  and  if  they  were 
not  to  do  it,  they  would  be  recreant  to  the  blood  of  Wash- 
ington, of  Henry,  of  Carroll,  of  Rutledge  ;  they  would  be 
unworthy  of  the  name  of  American." 

The  issue  i^  made.  We  could  not  avoid  it  if  we  would 
We  fearlessly  appeal  to  God,  to  our  consciences,  and  to  the 
enlightened  opinion  of  mankind  to  vindicate  our  course.    If 


163 

war  result.  th«;  responsibility  will  not  be  upon  us,  but  upon 
those  M-ho  are  intent  upon  the  overthrow  of  our  constitu- 
tional rights.  If  "we  must  pass  the  dread  ordeal — if  the 
tocsin  of  civil  war  is  sounded,  and  the  land  is  drenched 
with  tlie  blood  of  brothers,  "I  trust  in  God  that  there  is  a 
redeeming:  spirit  in  the  Constitution  which  will  be  seen  to 
walk  with  the  Soutli  through  the  flames,  and  preserve  her 
unhurt  by  the  conflagration." 


[DOCUMENT  B.j 

Jacksox  Mississippi.  January  12th,  1861. 

To  His  Excellency,  JOHN  J.  PETTUS, 

'  Governor  of  Mississippi. 

Dear  Sir  :  1  have  the  honor  to  report  to  you  that  acting 
under  the  commission,  which  you  conferred  upon  mc  as 
Commissioner  from  the  State  of  Mississippi  to  the  State  of 
South  Carolina,  under  a  resolution  adopted  at  the  Extraor- 
dinary session  of  the  Legislature  of  Mississippi  of  1 860. 

I  proceeded  to  the  Capitol  of  South  Carolina,  where  I 
arrived  on  the  loth  day  of  December,  A.  D.,  1860,  and  im- 
mediately laid  before  His  Excellency,  William  Gist,  Gover- 
nor of  the  State  of  South  Carolina,  my  credentials  as  such 
Commissioner,  together  with  the  act  passed  at  the  Extraor- 
dinary session  convoking  the  sovereignty  of  Mississippi,  and 
the  resolutions  on  Federal  Relations,  and  the  resolutions 
authorizing  the  Executive  of  Mississippi  to  appoint  Com- 
missioners for  the  State  of  Mississippi  to  the  slaveholdiug 
States. 

Governor  Gist  reported  my  arrival  to  the  Legislature  of 
South  Carolina,  then  in  session,  and  a  committee  of  the  two 
houses  was  appointed  to  wait  upon  me,  and  signify  to  me 
that  the  Legislature  was  prepared  to  receive  any  communi- 
cation I  might  desire  to  make  to  them,  and  to  extend  to  me 
as  such  Commissioner  the  hospitalities  of  the  State.  I  re- 
plied to  the  committee,  returning  my  thanks,  for  the  courte- 
sies and  civilities  extended  through  me  to  the  State,  I  had 
the  honor  1o  represent ;  and  said  to  them  that  as  I  was  ac- 
C-B2 


164 

credited  by  the  term.-*  of  luy  coniinis?ion  "to  the  authorities 
of  the  State  of  South  Carolina,  and  as  the  hi^^hest  authority 
of  the  State  Avas  to  assemble  iu  "Convention  on  the  following 
Monday,  I  Avould  make  my  connnunioations  to  the  Conven- 
tion. Tlie  Sovereinfii  Convention  of  South  Carolina  met  on 
Monday,  the  17th  day  of  December.  A.  1).,  18()0,  and  was 
organized  Ity  tlie  election  of  Gen.  Jajnison  as  permanent 
President,  and  ^Mr.  Arthur  as  Clerk,  ^fy  credentials  hav- 
ing been  transferred  by  His  Excellency,  Gov.  Pickens,  the 
recently  elected  Governor  of  South  Carolina,  to  the  Presi- 
dent of  the  Convention.  A  committee  was  appointed  to 
wait  upon  the  Hon.  Mr.  Elmore,  the  Commissioner  from  Al- 
abama, and  myself  as  Commissioner  of  Mississi}>])i  to  South 
Carolina,  and  signify  to  us  that  the  Convention  v*a<  pre- 
pared to  receive  any  communications  we  might  have  to  make 
to  the  authorities  of  South  Carolina,  inr  the  respective 
States  we  represented. 

.1  endeavored  to  express  in  plain  and  simple  terms  the  at- 
titude of  the  people  of  Mississippi,  and  have  the  honor  to 
submit  herewith  my  remarks  to  the  Convention  of  South 
Carolina,  made  under  and  by  virtue  of  the  Commission 
which  you  did  me  the  honor  to  confer  upon  me. 

In  consequence  of  a  prevailing  epedcmic  at  the  Capital 
of  the  State,  the  Convention  and  Legislature  adjourned 
the  respective  bodies  to  Charleston.  Having  been  invited 
to  attend  the  deliberations  of  the  Convention,  at  the  point 
to  which  the  Convention  had  adjourned  its  sittings,  I  pro- 
ceeded to  Charleston,  where  on  the  20th  of  December,  A.  D. 
1860,  the  Ordinance  of  Secession  was  reported  by  Chancel- 
lor Inglish,  the  chairman  of  the  committee  of  seven,  appoin- 
ted to  draft  the  ordinance,  and  iu  an  assembly  composed  of 
one  hundred  and  seventy  members,  embracing  the  highest 
talent  of  the  State,  upon  the  call  of  the  }eas  and  nay*  there 
was  not  a  single  absentee,  nor  a  single  no,  and  the  unanimity 
which  so  happily  characterized  the  jDroceedings  of  the  Cou- 
vention,  was  but  a  reflex  of  the  unanimity.  v,'hich  exists 
among  the  people  of  South  Carolina. 

I  have  the  honor  to  b^  ?ir, 

Very  respoctfully, 

Your  ob't  serVt. 
CHARLES  EDWAED  EOOKEF. 


165 

{Reported  for  ihe  Charlesfon  Paper8,'\ 

ADDRESh^. 

Gtntleiiuit  of  tfic  Conrriifioii  of  SontJi  Carolina: — Com- 
ing to  you  as  Hic  r<'|)re?;out;Uivo  of  a  sister  sovereign  State, 
at  this  most  iniitoi'tant  and  critical  jtoriod  of  our  liistory,  I 
feel  it,  uentlenien  of  the  Convention,  to  bo  my  duty  to  speak 
to  you  what  I  know  to  lie  Ihe  sentiment  of  the  people  whom 
I  represent.  I  feel  it  my  (hity  to  possess  this  body  with  the 
exact  eonditicm  of  thinus  wliieh  exist  in  Mississippi  at  this 
important  crisis  of  our  liisiory.  \  h.ave  bren  profoundly 
irratilied  at  tlie  cordial  welcome  and  tiie  kindly  hospitality 
which  has  met  me  in  the  houi'>  of  my  nativity,  and  I  have 
been  more  profoundly  uraiilied  when  1  reflected  that  it  has 
been  vi^iled  ujioii  me  not  so  much  as  a  matter  of  personal 
com})liiiient,  but  an  indication  of  that  homogeneous  disposi- 
tion of  the  people,  to  the  strong  ties  of  affinity  vrtiieh  bind 
mei^of  Mississippi  to  men  of  Carolina.  (Applause.)  I  am 
deputed,  gentlemen  of  the  Convention,  to  speak  the  senti- 
ments of  the  State  which  1  have  the  honor  to  represent,  by 
virtue  of  a  resolution  which  passed  both  l)ranclies  of  our 
Legislature  without  a  single  dissenting  voice.  1  have  also 
the  honor  to  announce  to  you  that  the  bill  convoking  the 
sovereign  people  of  the  State  of  Mississippi,  in  Convention, 
was  also  ])assed  by  both  branches  of  our  Legislature  Avith- 
out  a  single  dissenting  voice.  (Apijlause.)  Coming,  there- 
fore, thus  authorized  by  the  Legislature  of  the  State,  and 
speaking  what  1  know  to  be  the  sentiments  of  the  people  of 
Mississippi,  I  feel  authorized  to  say  to  you  it  gives  me  pro- 
found gratification  to  be  able  to  say  that,  coming  back  to  the 
home  of  my  nativity,  I  listened  to-day  with  a  proud  pleasure 
and  gratification  to  the  words  of  wisdom  and  patriotism 
that  fell  from  the  lips  of  the  Governor  elect,  and  I  i)ropose 
to  say  to  you  that  there  was  not  one  sentiment  in  his  memo- 
rable address  to  the  Legislature  which  would  not  have  le- 
ceived  the  sound,  hearty  plaudits  in  Mississippi  that  it  met 
from  the  men  of  Carolina.  (Applause.)  And  yet  I  have 
felt  that  I  would  have  been  untrue  to  my  mother  and  fake 
to  the  instincts  of  the  soil  upon  which  I  was  reared,  did  I 
not  give  a  hearty  response  to  CVC17  sentiment.  I  have  also 
felt  and  known  that  I  would  be  equally  untme  to  the  home 
of  my  adoption  and  the  sentiment  that  reigns,  that  rules  the 
hearts  of  the  people,  did  I  not  give,  on  her  part,  a  cordial 
approbation  to  every  sentiment  that  fell  frojn  Ws  lips.  (Ap- 
C— 33 


166 

plause.j  I  do  not  know,  Mr.  President  and  gentlemen  of 
the  Convention,  that  tlie  occasion  require?  q^-  d<  niands  that 
I  ghonld  go  into  a  general  discussion  of  the  political  ethic« 
of  the  country.  I  would  deem  it  somewhat  inappropriate 
w  the  occasion — inappropi-iate,  alone,  however,  because  I- 
come  ijiiiiply  to  ?peak  to  you  the  ?entimentsfcf  the  people  of 
Mis.-is>i|)pi,  and  convey  to  you  wimt  was  the  authoritative 
action  in  oin-  Legislature,  ajid  when  1  have  done  this  I  shall 
have  felt  my  mission  ended.  IJut  there  is  a  question  prosen- 
tefl  by  your  very  convocation  here,  and  one  wliich,  perhaps, 
has  not  l>cen  understood  in  most  of  the  Southern  and  South- 
western States  of  the  confederacy  to  the  extent  and  depth 
in  which  you  understand  it  in  South  Carolina.  I  mean  the 
qm^stion  of  lio\\'  the  feature-;  of  tint  federal  government,  or 
ilif  ties  of  its  existence,  are  to  be  changed.  There  is,  how- 
ever, a  izreat  principle  underlyina:  all  constitutions  and  gov- 
ernments— I  mean  tlic  great  principle  which  is  enumerated 
in  the  vety  second  article  of  the  bill  of  rights  attached  to 
the  Couiititution  of  Mississippi  and  most  of  the  States^  the 
confederacy — to  claim  that  it  is  the  right  of  the  people  to 
alter;  to  change,  to  amend,  aye,  to  abolish  the  form  of  gov- 
ernment whenever  to  them  it  shall  seem  pi'oper.  (Appkiuse.) 
That,  gentlemen  of  the  Convention,  is  the  great  principle 
which  underlies  not  only  your  federal  constitution,  but  which 
lies  at  the  basis  of  all  your  State  constitutions — the  right 
of  the  people,  the  power  of  the  people,  aye.  and  the  duty  of 
the  people,  to  resume  the  powers  of  go\'^ernmcnt  with  which 
they  have  entrusted  their  agents  whenever  those  agents  have 
proven  and  manifested  themselves  to  be  unfaithful  in  the  dis- 
charge of  the  trust.  (Loud  applause.)  I  say  that  it  is  a 
great  principle  which  underlies  alike  the  powers  granted  to 
the  federal  governmeut  and  the  powers  granted  by  the  }:>eo- 
p'c  to  State  governments,  and  when  it  shall  fail  to  be  recog- 
uizsd,  when  it  shall  fail  to  be  admitted,  tlicn  the  existence  of 
the  government  is  a  mere  question  of  the  power  of  tlic  gov- 
ernment to  perpetuate  itself.  (Applause.)  ■  And,  in  refer- 
ence to  the  federal  governmc-nt,  v\diile  it  exists  somewhat 
under  differe;it  forms  from  State  governments,  it  still  exists, 
dependent  upon  this  great  general  principle,  V7hichw6  0f 
Mississippi  have  always  contended  to  belong  alike  to  the 
federal  and  state  governments.  We  seem  to  be  almost  ob- 
livious to  the  fact,  and  this  great  question  of  the  right  of 
the  sovereign  states  of  the  confederacy,  each  acting  for  her- 
self and  by  herself,  and  bound  only  by  her  own  act.  We 
806m  almost  to  have  been  forgotl\il  of  the  origin  of  the  gov 


•  167 

ornment  itseif?  This  great  right  of  the  sovereign  parties 
to  the  compact,  whenever  the  federal  government  has  depar- 
ted from  the  orbit  in  whicli  the  constitiitipn  bids  it  move,  in 
f he  language  of  join*  great  statesman,  it  is  not  a  simple 
riglit.  bnt  it  is  tiie  duly  of  the  sovereign  creators  to  speak 
to  it  in  the  language  of  master,  and  bid  it  move  back  again 
in  the  orbit  in  whicli  the  constitution  lias  directed  it  to  move. 
(A])plaupc.)  I  say  that  it  is  t'hc  great  principle  wliich  un- 
derlies the  federative  government  alike,  as  the  other  great 
principle  "which  I  have  enunciated  underlies  the  state  con- 
stitutions. As  i\nder  the  state  constitutions  the  power  of  the 
people  at  all  tim^js  exists  to  resume  tlie  autliority  entrusted 
to  its  agents,  and  to  resume  its  government  of  the  Conven- 
tion in  the  mode  8.nd  manner  in  whicli  they  invested  them 
with  it — so  the  j^'ight.  and  the  power  and  the  duty  exists  on 
the  part  of  the  state.'*,  to  resume  the  authority"^  they  have 
gTanted  to  the  federal  government,  whenever  that  federal 
government  shall  seek  to  pervert  it.  The  two  great  princi- 
ples are  alike  in  their  application  ;  and  what  I  had  occasion 
to  say  at  home  I  will  repeat  here,  that  if  the  pen  of  the  his- 
torian shall  ever  record  their  downfall,  not  merely  in  the 
govxjrnraent,  not  merelv  in  the  Un".on,  but  their  downfall  in 
the  hearts  of  the  people,  that  that  Kct  recorded  by  him  will 
be  as  much  owing  to  the  truculeucy  of  the  minority  in  the 
g-overnmeut  as  it  will  be  to  tlie  aggressive  acts  of  the  ma- 
jority. AV^o  have  been  taught  to  think  and  believe  in  Mis- 
sissippi that  all  governments  are  but  agencies  established  by 
the  people  to  effect  certain  great  pm^pose-.  and  ends,  and, 
therefore,  being  but  agencieS;  and  especially  your  federal 
government  being  an  agent,  acting  under  the  strict  letter  of 
the  constitution,  whenever  that  agent  exceeds  '.ts  authority, 
and  assumes  a  power  never  granted,  the  sta+es  must  be 
untrue  to  themselves  if  they  fail  to  speak  to  thtt  govern- 
ment in  the  language  of  master.  This  is  our  idea  u  Missis- 
sippi of  the  character  of  the  government.  We  have  been 
taught  to  believ^,  gentlemen  of  the  Convention,  that  it  orig- 
inated precisely  as  your  State  government  originated—by 
the  consent  of  th.e  people.  Your  State  government,  haAnng 
its  origin  hy  the  consent  of  the  people,  your  federal  govern- 
ment owes  its  existence  to  the  consent  of  the  sovereiga 
States  that  made  it,  and  I  say  the  same  grand  principle  mx- 
derlies  them  both,  only  in  different  degrees.  In  refereuco 
to  a  State  government,  the  consent  of  the  governed  gives 
power  to  the  Governor.  The  Governor  coes  not  become 
the  people,  but  their  agent ;  and  so  in  the  federal  govern' 


168 

ment  this  power  exists  by  the  cousent  of  the  sovereign 
States  -who  framed  it.  Aye,  I  may  say,  in  the  language  of 
the  noted  Mr,  Randolph,  of  Virginia,  that  ''the  States  are 
the  breath  of  its  n6stril<,  and  have  the  power  to  put  an  end 
to  it  to-morrow  by  a  bare  rffusal  to  elect  Senators  and  Rep- 
resentatives." (Applause.)  1  have  (hus  stated  these  two 
propositions — one  of  which  pertains  to  State  governments, 
and  tlie  other  to  the  federal  government — in  order  to  show 
that  when  we  adopted  the  existing  constitution — when  the 
States  met  in  solemn  convocation  in  Philadelphia,  in  1787, 
and  framed  the  constitution,  they  acted  by  Siates,  they  vo- 
ted by  States,  and  they  voted  clause  by  clause  that  constitu- 
tion into  power  :  but  when  that  Convention  had  met,  acted 
and  adjourned,  the  Constitution  of  the  L'nited  States  was 
an  idle  piece  of  parchment,  devoid  of  life  and  vitality.  It 
required  the  sovereign  masters  of  that  Convcntiour— the  sep- 
arate States — to  breathe  into  it  its  vitality  and  power  of 
existence.  (Applause.)  Hence  it  was  that  the  ninth  article 
of  the  Constitution  is  known  as  the  Ratification  article.  It 
required  nine  of  the  eleven  States  of  the  Union  to  adopt 
that  Constitution.  I  mean  to  say,  that  with  all  the  wisdom 
and  all  the  patriotism  thai  reigned  and  ruled  in  that  Con- 
vention, when  Washington  and  Madison,  and  the  Rutledges, 
and  all  the  great  men  of  power  in  the  days  of  the  Revolu- 
tion, lived— I  moan  to  say,  that  even  after  they  had  per- 
formed their  duties,  and  favored  the  existence  of  the  present 
constitutional  goA'crmnent,  it  was  referred  back  to  the  sov- 
ereign States,  eacli  to  act  for  herself  and  to  be  bound  alone 
by  her  own  act.  (Applause.)  I  mean  to  say  that  when  it 
was  referred  to  the  people  of  South  Carolina  they  had  a 
right,  if  in  thiir  Judgment  they  thought  proper,  so  far  as 
they  were  c(?ncerned,  to  have  defeated  its  adoption,  because, 
by  the  article  of  ]"atification,  that  constitution  was  a  com- 
pact only  between  the  States  ratifying  the  same.  (Applause.) 
Thus  you  see  it  was  in  the  power  of  four  of  the  smallest 
State?  of  the  confederacy,  with  a  population  of  something 
less  ^han  three  hundred  thousand,  absolutely  to  have  defeat- 
ed die  object  of  the  constitution  itself.  And  then,  too,  by 
this  article  of  ratification,  no  State  that  did  ratify  it  pos- 
sessed the  power  to  ratify  it  for  any  other  State,  but  only  to 
ratify  it  as  to  herself ;  and  hence  it  was  that  Virginia,  New 
York,  Rhode  Island,  and  various  other  States  of  the  confed- 
eracy, in  their  articles  of  ratification,  declared  that  when- 
ever the  power  of  the  government  should  be  perverted  to 
the  destruction  of  the  liberties  of  the  people  of  the  State, 


169 

they  had  the  right  and  authority,  and  the  duty  devolved 
upon  them,  to  resume  these  bonds.  (Applause.)  This  being- 
then  the  character  of  the  government,  the  question  arises 
whether  or  not  the  exigency  has  arisen  wliich  requires  that 
the  sovereign  States  of  the  confederacy  ^vho  made  the  fed- 
eral government  by  tlieir  sovereign  act.  ought  to  resume  to 
themselves  the  power,  and  authority,  and  duty,  with  vrliich 
they  have  invested  tlio  federal  Union.  And  while  1  refer  to 
the  existing  state  of  things  in  speaking  to  you.  gentlemen 
of  the  Convention  of  South  Carolina.  I  may  speak  some- 
what in  advisory  terms,  but  not  intentionally  upon  my  part; 
and  should  I  do  so,  it  is  only  because  I  believe,  aye,  1  may 
say  I  know,  that  the  interest  and  welfare,  and  destiny  and 
fate  of  South  Carolina,  is  the  interest,  welfare,  destiny  and 
fate  of  Mississippi.  (Loud  applause.)  The  question  arises 
simply  as  to  whether  or  not  the  exigency  has  arisen  which 
makes  it  the  duty  of  the  sovereign  States  of  this  confedera- 
cy to  resume  the  powers  Avith  which  they  entrusted  the  fed- 
eral government.  I  hope  that  it  is  uunecessary  in  speaking 
to  Carolina  to  say,  if  she  has  the  right  to  form  the  govern- 
ment, she  has  also  the  right  to  change  it,  and  then  your 
government  exists  alone  to  the  extent  and  capacity  and 
power  which  it  ]iossesses  to  make  itself  perpetual.  In  other 
w'ords,  I  mean  to  say  that  if  the  authority  with  which  you 
have  invested  the  federal  government  is  not  suliject  to  re- 
sumption, and  if  that  federal  government,  Avhether  acting 
through  its  legislative,  executive  or  judicial  departments, 
possesses  the  power  to  determine  your  existence  in  it,  then 
you  have  no  other  authority  to  reverse  that  government,  or 
annul  it,  than  have  the  serfs  of  Russia  to  change  the  form  of 
government  under  which  they  live.  I  say,  if  the  authority 
and  right  does  exist  under  the  rights  of  the  States  to  re- 
sume the  powers  with  which  they  entrusted  the  federal  gov- 
ernment, whether  acting  as  one,  two  or  three  States,  then 
they  have  the  ability  to  resist  the  act  by  all  the  means  in 
their  power.  We  have  thought,  in  Mississippi,  that  in  all 
probability  the  great  princijile  that  all  government  is  based 
upon  the  consent  of  the  people,  would  be  recognized  by  the 
federal  authority  ;  it  would  not  be  questioned  that  it  would 
not  be  doubted,  that  no  Viody  of  men,  in  any  State,  would 
be  found  who  would  question  it.  On  that  we  may  be  mis- 
takeu.  It  is  barely  possible  that  the  federal  government  as 
now  constituted,  or  as  it  will  be  constituted  on  the  4th  of 
March  next,  will  forget  the  great  fact  that  it  is  based  upon 
the  sovereign  States  who  made  it,  that  it  owes  its  origin 
C— 35 


170 

and  daily  existence  to  the  voluiitiiry  act  of  lliose  States  re- 
in lining  in  the  Union.  I  say  they  may  object,  but  as  was 
so  well  alluded  to  by  the  distinguished  Governor  elect  to-day, 
which  I  had  the  honor  to  hear  :  "We  must  remember  that 
this  government  was  created  principally  for  tiie  conduct  of 
our  loreigu  relations — principally  to  give  strength  to  ut^ 
abroad,  and  in  ordei-  to  constitute  us  a  power  on  tlic 
earth."  Now,  what  has  been  the  history  of  the  federal 
government  for  the  last  three  years?  Has  it  been  an  effort 
to  give  to  the  people  of  the  United  States,  as  a  people 
homogeneous,  a  like  political  interest,  and  social  welfare 
and  elevated  position  on  the  page  of  history?  No,  iny  coun- 
trymen :  it  has  been  a  disgraceful  squabble  on  the  iloorij  of 
the  national  Legislature  to  make  one  portion  of  this  people 
oT  despotic  power  a  controlling  element  in  the  government, 
in  order  to  oppress  the  other  portion.  (Applause.;  1  have 
b3en  told  that  the  history  of  the  Union  was  a  national  his- 
tory, around  which,  in  spite  of  the  opposition  to  it,  clung 
the  Avarmest  affections  of  our  people ;  and  I  have  begged 
leave  to  remind"  the  friends  who  made  the  suggestion  to  me. 
that,  in  the  Declaration  of  Independence,  our  fathers  saw 
fit  to  declare,  not  that  the  people  of  the  United  States,  but 
that  these  colonics  arc  and  ought  to  be  IVee  and  independent 
States.  The  history  of  the  Revolution  shoAvs  nothing  more 
than  that  they  established  tlie  great  doctrine  of  mutual  in- 
dependence. (Applause.)  They  never  intended  that  State 
lines  should  ])e  obliterated;  and  when  the  mind  of  New  Eng- 
land, with  a  great  constitutional  lawyei',  a  man  of  lofty  and 
proud  intellect  and  enormous  power,  stood  in  the  Gongres.s 
of  the  United  States  contending  f(jr  this  as  a  government 
operating  upon  the  people  of  a  State — we  say  it  with  res- 
pect— he  stood  there  as  a  partizan  warrior  udvocatiug  the 
interest  of  his  client ;  and  a  great  statesman  of  the  West, 
he  whose  name  indeed  has  become  national,  and  Avhose  fame 
be'ougs  to  the  country  at  large,  when  he  stood  in  the  Con- 
gress of  the  United  States  claiming  the  authority  of  the 
Constitution  of  the  United  States,  and  arguing  the  powers 
of  tae  government  to  inaugurate  and  force  it,  he  stood  there 
as  a  great  popular  orator,  but  also  as  a  partizan  lawyer,  de- 
fending tlje  case  of  his  client — (applause,) — but  when  your 
own  imuiortal  statesman,  who  spoke  not  fot  the  glory,  aye 
no,  and  not  for  the  generation,  but  who  spoke  for  all  time 
to  come,  wlio  spoke  ex  catheclya,  liecause  he  spoke  the  truth, 
the  simple  truth — when  your  own  great  Calhoun  was  heard, 
he  established,  at  least  in  the  hearts  of  the  people  of  Caro- 

f 


in 

m^  ciM  liGi*  ftist£?y  6vA\.ei  Uic  great  principk  limt  ih\n  ^nji  ti 
e^rirernmont  ba.«cct  iipou  the  cnr)?<cnt  of  tlic  people,  nntt  tliaf 
live  federal  government  is  but  the  agent  of  the  States,  and 
could  not  exist"n  day  vi-ithoiit  them.  (Applause.)  1  have 
thus,  Mr.  Frcsident  and  gentlemen  of  the  Convention,  ap- 
proaehed  the  view  wliich  we  of  jSIisslssippi  take  of  thi? 
question,  and  I  beg  to  say  wliile  it  is  true  in  Mississippi  we 
ha,vc  not  the  good  fortune  you  liave  in  South  Carolina,  yet. 
siilce  the  election  of  Lineoln,  all  par,ty  lines  in  Mississippi 
have  been  obliterated — (applause) — ditd  the  people  stand  as 
a  mass,  without  rcfovenec  to  the  distinctions  which  have 
hitherto  divided  them.  ]Mcn.  for  instance,  known  as  oppo- 
sition, now  stand  side  by  side  by  the  candidates  for  the 
Convention  who  are  known  to  be  for  States  rights.  Thai 
is  owing  in  a  large  nieasui-e  to  the  fact  that  our  population 
is  infused  in  a  greater  or  less  degree  with  men  of  the  old 
State  of  South  Carolina.  (Applause.)  I  am  happy,  how- 
ever, to  announce  now  that  we  have  no  parties  in  ^lissis- 
sippi.  (Ai)plause.)  And  that  in  the  town  in  which  I  live 
the  Capitol  of  the  State,  when  we  heard  of  your  action, 
and  when  the  day  before  I  left  liome  I  attended  a  Conven- 
tion in  my  oAvn  county.  I  announced  to  them  the  lact  tliat 
there  was  entire  unanimit}-  throughout  your  State,  a  solid 
phalanx  demanding  the  right  and  the  authority  to  resume 
the  powers  entrusted  to  the  federal  government— when  1 
made  that  announcement  to  the  people  of  the  county  in 
which  I  live,  not  one,  not  two,  not  a  dbzeu,  but  every  man 
in  the  vast  audience  to  which  I  spoke,  arose  as  one  man  and 
proclaimed  that  he  would  stand  by  Sontli  Carolina,  by  her 
vote,  for  weal  or  for  woe. 

I  have  alluded,  gentlemen  of  the  Convention,  somev/hat  in- 
cidentally, but  perhaps  it  is  my  duty  to  refer  more  particu- 
larly, to  the  action  of  the  Legislature  of  the  State  of  Mis- 
sissippi. I  have  the  pleasure  of  announcing  to  you  that 
when  the  Convention  bill  was  proposed  in  the  House  of 
Representatives,  it  was  referred  to  a  special  committee  for 
consideration,  reported  to  the  House,  and  adopted  without 
ilebate,  quietly  and  silently,  and  with  that  resolute  deter- 
mination and  fixed  duly  of  purpose  which  indicate  that  men 
have  passed  the  period  of  discussion  and  debate.  (Ap- 
plause?) I  have  the  pleasure  of  announcing  to  you  that  the 
other  branch  of  the  Legislature — the  Sduate — also  adopted 
the  measure  without  a  dissenting  voice.  When  it  was .  pro- 
posed that  the  Legislature  should  authorize  the  esecutive  of 
the  State  to  send  Commissioners  to  other  States,  soliciting 
C~36 


m 

their  co-operation  in  the  poaitiou  wiiich  Mitssissippi  has  ta« 
ken,  that  resolution  was  also  passed  without  a  single  dis' 
sentlng  voice.  The  resolutions  on  ib(hM-ul  relations,  aa  "we 
admirably  term  them  in  ^Iississi{)|>i.  which  I  had  the  honor 
to  present  to  tlie  Executive,  were  inli-oduced  not  l>y  an  old 
States  rights  man,  but  one  reuardcti  as  with  tlie  opiH>sition; 
and  without  whom  we  were  not  I'crtain.  even  in  Mississippi, 
of  success.  I  will  not  weary  you  by  reading  the  long  pre- 
amble to  those  resolutions,  lor  we  stru(;k  it  out  ant!  let  the 
simple  resolutions  stand  by  themselves.  1  do  not  mean  to 
state  that  every  man  in  the  State  is  pledged  to  it,  because 
there  are  some  who  have  said,  ''we  are  with  you,  we  are 
Minute  Men  witli  you,  and  stand  by  you  ready  when  sum- 
moned to  aid  the  Southern  States.  Take  the  advance  move- 
ment and  we  will  lie  there  as  readily  as  you  States  rights  or 
secession  men,  but  Ave  believe  it  will  be  a  war  of  revolution 
instead  of  a  peaceful  resumption  by  a  sovereign  State  of  the 
powers  invested  in  the  general  government."  We  have 
told  them,  "we  have  no  quarrel  with  your  motives  ;  we  will 
not  ask  you  to  assign  a  reason.  We  know  you  to  be  wrong 
in  regard  to  the  reasons  which  animate  you,  but  still  we 
know  that  in  the  final  hour,  in  the  day  of  trial,  you  will 
stand  heart  to  heart,  shoulder  to  shoulder,  hand  to  hand 
with  us."  The  resolutions  were  passed  by  the  Legislature 
by  an  overwhelming  majority,  but  not  with  the  entire  una- 
nimity of  the  Convention  bill,  dr  the  resolution  authorizing 
the  Executive  to  appoint  commissioners  to  the  various 
States,  but  still  with  a  majority  so  overwhelming  that, 
although  division  was  called  for,  but  a  few  feeble  voices, 
here  and  there,  dissented  to  it.  ]  will  read  the  resolution 
to  which  I  refer  : 

Resolved  by  the  Lcgislai tne  of  the  Slate  of  Mississippi, 
That  in  the  opinion  of  those  who  now  constitute  the  State 
Legislature,  the  secession  of  each  aggrieved  State  is  the 
proper  remedy  foi'  these  injuries.     (Loud  applause.) 

I  have  the  pleasure  to  announce  to  you,  gentlemen,  that 
this  was  not  an  idle  rcs:olution — it  was  not  one  adopted 
without  calmness  and  forethought,  and  reflection  and  delib- 
eration— for  I  beg  to  assure  you  that  the  people  I  have  the 
honor  to  represent  are  not  in  a  passion  upon  this  question, 
but  have  acted  considerately,  resolutely  and  in  a  determined 
form.  There  is  no  excitement  upon  this  question  amongst 
my  people.  The  principle  of  that  resolution,  declaring  that 
the  appropriate  and  proper  remedy  is  the  separate  secession 
of  each  aggrieved  State,  is  the  principle  which  will  be  found 


m 

the  ruling  and  the  oontrollvtig  clement  in  the  Convention 
which  will  meet  on  the  7tli  nf  January  next.  (Applause.) 
And  wliilc  there  may  b<-^ —  while  there  doubtless  will  be, 
some  few  dissenting'  voiees — for,  as  I  have  said  heretofore, 
wo  have  not  the  pleasure  of  having  that  unanimity  you 
have — even  the  opposition  party  of  Mississip})i,  the  frankest 
man  of  that  parly,  tlie  man  of  the  most  formidable  intellect 
and  most  tremendous  jxjwer — a  man  1  know  and  respect  as 
a  citizen,  but  difler  from  in  "})olitics — has  not  hesitated  to 
declare,  and  in  jirint  as  Avell  as  by  speech,  that  the  election 
of  Mr.  Lincoln  even  he  regarded  as  an  open  declaration  of 
war  on  tlie  part  of  the  Northern  people.  (Applause.)  I 
present  this  to  yoti,  gentlemen  of  tlie  Convention,  in  order 
to  })roper]y  cxiihiin  tlie  attitude  of  even  the  opposition  men 
in  Mississippi.  Kven  tiny  feel  that  the  emergency  or  exi- 
gency has  arisen  which  imperiously  requires  of  her,  in  her 
sovereign  capacity,  to  resume  the  authority  entrusted  to  the 
federal  government.  We  have  been  anxious,  Mr.  President 
and  gentlemen  of  the  Convention,  to  secure  co-operation  in 
every  Southern  slaveholdiug  State.  It  was  recommended 
by  our  Governor,  in  a  message  sent  to  our  Legislature,  that 
a  bill  1)0  revived  whicii  formerly  stood  on  the  statute  books 
of  Mississii)pi,  interdicting  the  introduction  of  slaves  from 
border  slave  States.  We  felt  tliat  the  true  policy  at  thisj 
time,  and  in  this  emergencv,  and  under  the  circumstances  in 
whicli  we  arc  placed,  that  we  should  do  aught  which  indica- 
ted the  slightest  distrust  of  any  slave  State  of  the  confeder- 
acy, and  therefore,  that  portion  of  the  message  was  not 
favorably  act^d  upon  by  the  Legislature.  I  have  said  that 
we  earnestly  desired  co-operation  ;  and  while  I  say  this,  as 
I  feel  it  my  duty  to  say  to  you,  we  have  not  thought  of  ob- 
taining it.  I  beg  to  say  again,  that  even  the  opposition  par- 
ty have  said  tiiat  while  they  demanded  that  this  co-opera- 
tion should  b(?  invited,  it  did  not  follow  that  we  should 
refuse  to  act.  The  argument  advanced  is  simple,  and  is 
intended  to  give  out  that  we  do  not  intend  to  attach  our- 
felves  to  anybody  but  who  are  assimilated  to  ourselves. 
(Applause.)  And  therefore  I  say,  gentlemen  of  the  Con- 
vention, as  a  simple  act  of  courtesy  to  the  other  slave  States, 
the  Executive  has  appointed,  or  will  appoint,  delegates  to  all 
these  States,  simply  soliciting  action,  but  not  to  feel  that 
Mississippi  is  bound  by  any  refusal  to  act.  (Applause.)  Al- 
low me  to  say  that,  acting  upon  a  principle  which  has  been 
inaugm-ated  in  Mississipi>i  years  age,  that,  profound  as  is 
our  respect,  deep  and  abiding  as  is  our  love  f5r  that  State 


If4 

irhlcli  has  ryrr  «tonrl  in  the  firet  rank  in  rtrfciidJUg  the  lib- 
erties of  the  country,  even  South  Carolina  could  not  control 
Mississippi.  (Applailse.)  In  other  words,  she  claims  for 
herself  the  riglit  to  act  upon  this  matter  us  you  claim  for 
yourselves  the  right  to  act.  We  learned  the'  lesson  from, 
you,  geutlemen,  that  it  is  not  only  the  right,  but  the  solemn 
duty  of  each  State,  now  ihat  a  Northern  sectional  majority 
has,  or  will  have  control  of  the  i>r)vernment,  to  declare  for 
secession.  AViiy  longer  continue  in  this  government  ?  May 
I  not  say,  in  the  language  of  an  elociuent  Virginian,  "Why 
stand  you  here  idle  ?•'"  We  stand  here  to-day  on  the  face  of 
the  earth,  with  all  the  financial  embarrassments  which  su^ 
round  us,  the  sole  and  single  people  who  have,  by  their  so- 
cial system,  explained  the  relation  between  capital  and  labor. 
Why,  at  the  North  and  in  England  there  is  a  constant  war- 
fare. The  simple  <iucstion,  then.  ;>s  1  said  before,  gentle- 
men of  the  Convention,  is  as  to  whether  or  not  you  will 
resume  the  powers  with  which  you  have  invested  the  federal 
government.  We  had  hoped,  in  Mississippi,  that  avc  would 
be  able  to  take  action  with  you  simultaneously.  We  had 
hoped  that  we  should  hear  a  voice  coming  from  the  land  of 
flowers,  and  the  prairies  of  Texas,  and  from  the  banks  of 
the  great  Father  of  Waters  wliere  it  washes  the  shores  of 
Louisiana  and  Mississippi,  and  from  Georgia  and  Alabama, 
all  at  the  same  tiino  :  but  eircuniiStances  having  convoked 
your  Convention  at  a  period  soiftewhat  prior  to  that  at 
which  the  Conventions  of  Alabama,  Georgia  and  Mississippi 
were  to  act,  the  question'  is  presented  whether  or  not  South 
Carolina  should  declare  her  own  separate  independence. — 
Upon  this  subject,  gentlemen,  1  have  modestly  made  my  sug- 
gestions to  some  gentlemen  of  the  Convention.  At  one  time 
1  thought  it  miglit  be  politic  and  proper  that  the  States 
should  all  act  together,  but  since  my  arrival  I  doubt  wheth- 
er the  postponement  of  the  (juestion  would  not  have  a  ten- 
dency to  throw  a  damper  upon  the  South  and  the  Southwctt. 
(Applause.)  I  believe  that  the  people  of  South  Carolina 
will  snatch  her  star  from  the  gahixy  in  which  it  has  hitherto 
mingled  and  plant  her  (lag  earliest  in  the  breach  of  the  bat- 
tle, sustaining  revolution  by  the  Ijold  hearts  and  willing 
arms  of  her  people.  Should  the  govrrnuK'nt  forget  its  ori- 
gin, forget  that  it  is  based  upon  the  consent  of  the  sovereign 
States,  and  appeal  to  force,  the  first  federal  gun  fired  at  the 
bosom  of  the  mother  will  boom  across  the  continent  and 
bring  back  U>  her  defence  the  willing  hearts  and  ready  ai'ms 
of  a  thousand  true  sons — (applause) — and  side  by  side  along 


1X5 

with  them  will  come  hmidreds  whose  footsteps  ucA-er  pressed 
your  soil,  but  whoso  hearts  are  deeply  imbued  wtth  the  great 
living  principle  of  government  whicli  owes  its  origin  to  the 
soil  of  South  Carolina.     (Loud  applause.) 


[DOCUMENT  C] 

New  Orleans,  La.,  December  13, 1860. 

His  Excellency  J.  J.  PETTUS, 

Jackson,  Miss. 

Sir  : — In  discharge  of  the  duties  imposed  by  my  appoint- 
m  nit  as  Commissioner  to  tlic  State  of  Louisiana,  1  beg  to 
r  'port  to  your  Excellency,  that  1  repaired  without  deUiy  to 
Ba'on  Rouge,  the  Caintal  of  tiic  State,  where  the  Legislature 
had  convened  in  extraordinary  session  on  the  1  Otii  inst. 

On  my  arrival  I  promptly  notihed  the  Governor  of  Louis- 
iana of  my  presence  and  the  objects  of  my  mission  by 
addressing  him  the  inclosed  communication.  Governor 
Moore  immediately  responded  to  my  note  by  requesting  a 
personal  interview  in  tlie  Executive  Chamber,  to  which  I 
repaired,  and  was  most  cordially  and  courteously  received 
by  himself  and  the  Hon.  T.  J.  Semmes,  Attorney  General  of 
tae  State. 

Li  an  unwavered  interview  of  an  hour  with  them,  I  ex- 
p''ained,  to  the  best  of  my  ability,  the  views  of  your  Excel- 
lency regarding  the  present  grave  crisis  in  our  political 
affairs,  and  the  action  of  the  Legislature  of  JNIississippi  in 
reference  thereto  at  their  late  extra  session.  1  dwelt  upon 
the  unanimity  which  characterized  their  proceedings,  the 
overwhelming  public  sentiment  by  which  they  were  sustained 
in  the  State,  and  tlie  certain  prospect  of  the  prompt  secession 
of  Mississippi  from  a  Federal  Union,  which  must  become, 
under  the  Black  Republican  regime  soon  to  be  inaugurated, 
the  engine  of  the  degradation  and  destruction  of  the  South. 
I  solicited  the  co-operation  of  Louisiana  in  the  action 
Mississippi  proposed  to  take  as  the  only  means  left  for  the 
protection  of  Southern  Rights  and  honor.  I  was  gratified 
to  learn  from  these  distinguished  patriots  and  statesmen  that 


176 

the  action  ^id  predominant  sentiment  of  Mississippi  met  with 
their  cordial  sanction  and  sympathy,  and  that  they  had  every 
confidence  the  people  of  Louisiana  Avould  vindicate  the 
constitutional  rights  of  the  South  by  the  action  of  their 
State  Convention, 

During  my  interview  with  Gov.  Moore  I  was  waited  upon 
by  a  committee  of  both  branches  of  tlie  Legislature  and 
invited  to  a  seat  within  the  bar  of  their  respective  chambers. 

On  the  day  following  at  10  o'clock,  I  Avas  formally 
received  by  the  Legislature  in  joint  session,  when  in  reply 
to  the  remarks  I  had  the  honor  to  submit,  Lieutenant-Gov- 
ernor Hyams,  President  of  the  Senate,  made  an  able  and 
eloquent  address,  a  copy  of  wiiich  I  herewith  furnish  as 
indicative  of  the  sentiment  of  Louisiana. 

After  further  conference  with  the  Governor.  Lieutenant- 
Governor,  Attorney  General,  and  the  members  of  the  Leg- 
islature, I  took  my  leave  of  them,  and  shall  ever  cherish  the 
most  grateful  recollection  of  tlie  courtesy,  kindnes8  and 
cordial  hospitality  I  received  at  their  hands. 

The  Legislature,  by  a  unanimous  vote  has  called  a  Con- 
vention, to  assemble  on  the  '23d  of  January  proximo,  and  I 
think  I  may  with  entire  confidence,  predict  that  within  a 
few  days  tliereafter  slie  will  assume  licr  })lace  in  the  great 
Southern  column,  fi-eed  of  Federal  shackles,  and  resolve  to 
submit  only  to  such  a  Government  as  brave  and  honorable 
men  can  a])prove. 

I  have  the  honor,  sir,  to  remain. 

Your  obedient  servant, 

WIRT  ADAMS,  Commissioner. 


Harney  House,  Baton  Rouge,  La.,  December  11, 1860. 

To  His  Excellency  T.  0.  MOORE, 

Governor  of  La. 

Sir  :  I  have  the  honor  to  ])lace  herewith  in  the  Iraiids  of 
your  Excellency  my  credentials  as  Commissioner  from  the 
State  of  Mississipi)i  to  the  State  of  Louisiana,  and  accompa- 
nying the  same  a  copy  of  the  Resolutions  passed  by  the 
Legislature  of  my  State,  under  the  sanction  of  which  His 
Excellency  the  Governor  of  Mississippi  has  made  this  and 
other  appointments. 

In  discharge  of  the  trust  thus  confided  to  me,  it  will  afford 


177 

me  the  highest  pleaaure  to  communicale  with  your  Excellen- 
cy in  writing,  or  by  a  personal  interview,  at  such  time  as 
may  be  most  consistant  witli  your  convenience  and  pleasure. 
1  have  the  lionor,  sir,  to  subscribe  myself, 
Your  most  obedient  servant, 

.WIRT  ADAMS,  Commissioner. 


ADDRESS. 

Mr.  President  and  Oentlemrn  of  tJir  Senate  and  House  of 
Bepre-S'ntatives  of  the  State  of  Louisiana  : — In  behalf  of  the 
State  of  Mississi})pi,  I  tender  to  your  Executive,  to  your 
Honorable  bodies,  and  to  the  pe{>])lo  of  Louisiana,  my  pro- 
found acknowledgments  for  the  distinguislied  courtesy  and 
kindne>s  which  have  been  extended  to  her  representative. 

I  have  been  commissioned  by  the  Governor  of  my  State 
to  communicate  formally  and  officially  to  the  authorities  and 
people  of  Louisiana,  "that  tlic  Legislature  of  Mississippi  has 
passed  an  act  calling  a  Convention  of  the  State  to  consider 
the  present  threatening  relations  of  the  Northern  and  South- 
ern sections  of  the  Confederacy,  aggravated  by  the  recent 
election  of  a  President  upon  ])rinciples  ofliostility  to  the 
States  of  the  South  ;  and  to  ex])ress  the  earnest  hope  of 
Mississippi  that  Louisiana  will  co-operate  with  her  in  the 
adoption  of  cffi<'ient  measures  for  their  common  defense  and 
safety." 

In  addition  to  the  act  calling  a  Convention,  which  passed 
both  branches  of  the  Legislature  of  Mississippi  by  a  unani- 
mous vote,  a  scries  of  resolutions  v/erc  adopted  by  a  vote  ap- 
proaching the  like  unanimity,  which  after  reciting  the 
grievances  of  the  Southern  States,  declared  secession  to  be 
the  only  remedy. 

The  discharge  of  this  im])ortant  trust,  sir.  has  been  ren- 
dered no  less  simple  than  grateful.  The  reconnnendations 
of  your  enlightened  and  patriotic  Plxecutive,  contained  in 
his  message,  followed  as  they  have  been  l\v  the  prompt  and 
wise  action  of  this  Legislature,  in  calling  a  Convention  of 
the  people  of  Louisiana,  and  making  a  munificent  appropria- 
tion for  arming  the  State  ;  the  manifestations  of  an  almost 
unanimous  public  sentiment,  which  I  witness  around  me, 
render  any  words  of  argument  or  exhortation  from  me,  more 
than  superfluous.  As  well,  sir,  might  I  attempt  to  swell  the 
volume  of  the  majestic  stream  which  pours  its  resistless  tide 


17S 

past  your  boiiuiilul  cupito),  by  adding  one  drop  to  its  waters, 
a^  essay  to  decpon  the  convictions  or  conlirni  the  unalterable 
resolves  ol'your  noble  and  y;allant  State.  Siie  has  well  cx- 
emidified  the  maxim  that  tlie  time  fur  arg-uinent  in  this  con- 
test with  the  North  has  uone  by  Ibi'ever,  and  tlie  time  for 
action  has  come.  It  is  Init  doing  her  justice  to  say.  that 
everywhere  in  this  broad  land,  has  she  been  distinuuished  for 
the  moderation,  conservatism  and  patriotism  of  lier  people. 
And  could  slie  give  more  signal  proof  of  this  well-deserved 
character,  than  in  her  ])resent  determination  to  preserve  the 
rights,  the  honor,  and  the  interests  of  her  citizens  intact,  in 
the  gravest  and  most  perilous  juncture  that  was  ever  presen- 
ted to  a  free  peo))lc? 

I  rejoice,  Mr.  President,  at  these  unmistakable  indications 
of  her  purpose,  and  shall  bear  back  the  intelligence  of  your 
action  to  the  Governor  and  people  of  ray  State  with  no  or- 
dinary gratification.  And  amongst  tlie  popular  manifesta- 
tions which  I  have  witnessed,  I  shall  not  forget  that  your 
imperial  city  of  New  Orleans,  whi«h  reposes  by  the  river 
side  and  the  sea.  has  recently  emblazoned  aloft  her  sentiments, 
and  elevate  1  above  the  Crescent  of  her  commercial  grandeur 
th  !  rac'iait  Cioss  of  the  true  Southern  faith. 
;•  It  is  peculiarly  proper,  sir,  that  the  States  of  Louisiana 
and  Mississippi,  contiguous  in  territory,  and  l)ound  together 
by  the  closest  commercial  and  social  ties,  should  stand  and 
act  t02-ether  in  tliis  contest  with  a  malignant  and  ruthless 
foe.  Upon  the  plains  of  Chalmette  and  the  fields  of  Mexico, 
their  gallant  sons,  in  the  past,  have  locked  their  shields  ;  and 
now,  in  the  midst  of  perils  far  greater,  involving  life,  honor 
a  id  ])roi)erty,  1  fervently  hope  they  will  bo  found  in  the 
future,  in  opinion  and  action,  united  in  bonds  fraternal  and 
indissoluble. 

At  the  close  of  this  address,  the  Assembly,  and  the  large 
crowds  ill  the  lobbies  and  galleries,  greeted  the  Mississippi 
Commissioner  and  his  sentiments  with  loud  applause. 

Lieutenant-Governor  Llyams  then  incited  the  Commission- 
er from  Missi.'^sipiji  to  ascend  the  Sj)eaker"s  stand,  and  wit!i 
great  earnestness  addressed  him  in  the  folloAving  speech  : 
»,>  SijB, : — 1  welcome  you,  as  the  Commissioner  from  the  Stat<' 
of- Mississippi,  to  the  Halls  of  the  Legislature  of  Louisiana, 
assembled  in  joint  session  for  the  occasion — to  take  counsel 
tDgether  this  day,  when  a  ruthless  majority  of  the  people  of 
t.'.ic  Nor  I  hem  States,  regardless  of  the  rights  of  the  Southern 
States,  are  about  to  inaugurate  a  policy  which  utterly  sub- 
verts their  c<'|uality  in  the  Unioiit  and  will  at  no  distant  day 


b.ttm!ti«{c  h)  iTttiiciiJj^,  %tti  lo  s  ct'tiditinn  .fmMi-«i'gc  fhwi. 
colonial  vji«!f5alpgO!  A it^^f  o,  lo»ij?  trnin  of  i^juric!*,  abli^cf 
and  usurpationsi  olii'  sturdy  ancestry  broke  the  yoke  of 
British  doMiination,  and  (staVdislied  wiili  their  blood  tiu^  in- 
dependence ol"  the  l^tates,  and  siibi^eqneidly  adopted  tlid 
Constitntion  of  the  United  State?,  in  order  to  form  a  nion; 
perfect  union,  establisli  justice,  insure  domestic  tranquility, 
provide  for  the  common  defense,  "promote  the  ceneral  wel- 
fare and  «ecui't'  tlie  blofj^ing^;  of  liberty  to  tliem^elves  and 
their  pof^terity."'  IToav  have  the  majority  of  tlie  people  of 
the  'N'orthorn  States  kept  the  bor<cl<i?  We  have  under  the 
forms  fif  the  Cons^titution  .elevated  to  the  Presidency  of  the 
Unitrd  States,  (united  only  for  the  great  )mr])oses  e?cpressed 
in  the  Constitution,)  a  citizen  of  the  North,  us  tiie  represen- 
tative of  |>rinciples  -o  destructive  to  the  rights,  libertie?, 
property  and  lives  of  the  people  of  fifteen  of  the  soveriirn 
States  of  the  ••ri#!Wleracy.  tliat  if  pronnd crated  in  person  to 
their  slave  population,  in  the  spirit  of  the  party  to  which  lie 
owes  his  elevation,  Avould  subject  him  tocoudien  punishment 
— and  in  Louisiana,  by  her  statutes,  to  imprisonment  for. life, 
or  death,  at  the  dism-etiou  of  her  courts. 

Can  any  citizen  of  the  South,  or 'any  true  American, 
contemplate  the  humiliating  spectacle  and  not  hide  his  liead 
with  shame,  if  lie  does  not  resist  juid  throw  off  such  disgrace- 
ful yoke  at  all  hazards,  and  at  every  cost? 

Sir,  this«revolution  is  determined  ujion  by  all  true  South- 
ern men.  and  the  best  means  of  its  Jiccomplishment  is  the 
TTnton  of  the  SouTir  for  the  sake  of  the  South,  and  to 
further  that  great  end.  we  understand  to  be  the  object  of 
your  mission.  Louisiana,  therefore,  welcomes  the  Commis- 
sioner from  Mississippi  to  her  councils,  to  prepare  for  and 
maintain  Southern  independence,  and  like  our  fathers  of  old, 
we  will  jtledge  in  the  cause,  "our  ii\es,  our  fortunes,  and 
om'  sacred  honors."' 


•^ 


ifo 

[DOCUMENT  D.] 

Jackson,  Januarv  10.  l86l. 

His  ExcELijixcv  JOUX  J.  PKTTUS. 

Governor  of  the  State  of  Mississippi. 

S'r  : — 1  have  the  honor  to  rojjort  to  you,  that  in  execu- 
tion ot'  tlic  trust  reposed  in  me  by  your  Excellency,  as 
Con  missioner  to  tlie  State  of  JIaryland  under  the  act  of  the 
Legislature  of  this  State  at  its  recent  session,  1  visited  the 
State  of  Maryland  without  delay  after  receivincr  my  com- 
mission at  your  hands. 

I  visited  the  Executive  of  that  State,  who  had  before  my 
appointment,  came  to  the  determination  not  to  convoke  the 
Legislature  of  his  State  ;  and  1  also  addressed  him  in 
writing  desiring  to  be  informed  whether  in  the  present  emer- 
gency of  public  affairs,  he  would  call  together  the  Legisla- 
ture. Li  my  jiersonal  interview  with  him.  I  respectfully,  but 
earnestly  urged  many  considerations  which  appeared  to 
demand  an  assemblage  of  the  Legislature  ;  but  he  replied 
insisting  that  the  emergency  did  not  demand  or  justify  such 
action;  and  in  reply  to  my  written  communication,  he 
addressed  me  the  letter  which  I  herewith  transmit,  stating 
his  views  upon  the  subject\ind  his  determination  not  to  call 
together  the  Legislature,  under  the  circumstances  then 
existing. 

I  was  not  surprised  al  this,  as  1  was  aware  at  the  time 
the  comnnssion  was  tendered  to  me  by  your  Excellency,  that 
the  Executive  of  Maryland,  had  taken  his  position  not  to 
convoke  the  Legislature  ;  and,  therefore,  in  accepting  the 
commission,  I  stated  to  your  Excellency  that  I  was  not  hope- 
ful of  doing  any  good  to  the  cause  of  Southern  rights  through 
the  direct  action  of  the  Executive  of  that  State;  but  that  I 
hoped  to  make  known  to  the  ])eople  there,  the  views  enter- 
tained by  this  State  in  relation  to  our  rights  and  duties  in 
common  with  all  the  Southern  States  ;  and  in  order  to  do 
so,  that  I  should  address  the  people  upon  the  subject. 
Accordingly  after  visiting  the  Executive,  I  visited  several 
parts  of  the  State,  and  made  addresses  to  the  people,  setting 
forth,  in  my  feeble  manner,  the  views  and  position  of  this 
State,  and  inviting  the  co-operation  of  the  people  of  that 
State. 

I  am  very  ha})py  to  believe  and  to  be  able  to  say,  that  the 
people  of  Maryland  are  in  heart  and  in  interest  with  the 


ifti 

State  of  Miseiissippl,  and  that  llioy  ivill  ultimately  be  witii 
us  in  political  union.  A  large  number  of  the  most  eminent 
men  of  tlni  State  agree  Avitli  us  in  principle ;  and  the  true 
course  of  the  South,  as  avc  regard  it  here,  is  gaining  strength 
and  force  every  day.  The  peculiar  local  situation  of  the 
State — having  a  long  line  of  a  non-slaveholding  State  to 
■which  she  is  exposed,  and  having  the  Federal  Ca])ital  within 
her  limits— now  operates  to  restrain  speedy  action  in  support 
of  tliu  course  which  we,  of  this  State,  deem  the  proper  one 
in  the  emergency ;  and  to  this  may  be.  added  the  persistent 
refusal  of  the  Executive,  against  .all  petitions,  remonstrances 
and  j)rotestatious.  to  allow  the  peo])le  to  express  their  will, 
by  the  only  mode  in  wliieh  it  can  V)e  Ibrinally  done — a  course 
which  sn])presR''s  for  the  time  tlu'  sentiment  of  the  people 
and  parali/.es  their  action.  But  from  the  cordial  reception 
that  sound  doctrine  met  at  the  hands  of  that  gallant  tind 
patriotic  old  State  in  the  address  1  made  them,  and  in  my 
personal  communications  with  them,  1  doubt  not  that,  as 
soon  as  she  shall  be  relieved  of.  or  is  ai'oused  to  bid  defi- 
ance to,  the  Executive  contumney  which  now  paralizes  their 
efforts  and  tlieir  Avill.  she  will  wheel  into  the  line  of  the 
Southern  Confederacy,  and  add  the  old  "  Mai-yland  line"  to 
the  fortunes  and  destiny  whei-ii  lier  rights,  her  princij)l(^s  and 
her  interest  find  a  congenial  home.  The  lvevulution.ary 
spark  has  touched  their  hearts  and  will  never  beextinguishcd 
until  it  accomplishes  now  what  it  achieved  in  the  day  of  its 
original  glory,  the  establishment  of  her  rights  and  her  honor, 
by  a  re-union  with  the  Southern  States  whose  feelings  and 
interests  are  identical  with  lier  own. 

I  have  the  honor  to  remain  with  high  respect, 

Your  Excellency's  obedient  servant, 

A.  II.  HANDX- 


STATE  OF  MARYLAND,  Executive  Chamber.  I 
Annapolis,  December  19,  1860.      f 

Sir: — Your  letter  of  the  18th  instant,  informs  me  that 
you  have  been  appointed  by  the  Governor  of  Mississippi,  in 
pursuance  of  a  resolution  of  the  Legislature,  a  Conmiissioncr 
to  the  State  of  Maryland  :  and  that  the  occasion  of  your 
mission  is  "  the  present  crisis  in  she  national  affairs  of  this 
country,  and  tlie  danger  wliich  impends  the  safety  and  rights 
of  the  Southern  States,  bv  reason   of   the  election  of  a 


m 

.^^HHHtiBt  pfttifltdftk'  tij'flic  n^cc  of  President  oj  ths  Km^\} 
MMrft,  and  upon  n  platlbrtti  of  principles  dp'tructivr  of  our 
Constitntinnai  riglits  ;  and  Tvliioli.  in  the  opinion  of  the 
State  o!"  >[i.-sis?ippi  calls  for  jmnnpt  and  (leci?ivo  ;i<ti'>ii  fnr 
the  purpoj^e  of  our  protection  and  future  security." 

You  also  inform  me  that  ^IisrJi.<rfii)pi  desires  the  i(»-(«pria- 
fion  of  her  sister  .States  of  theSoulli.  iinneasnres  iieecssarv 
to  defend  our  rights:  and  to  this  end.  you  desire  to  know 
whether  I  will  convene  the  Lcpslature  of  ilaryland,  lor  the 
[)Ui-]w?e  <il'  coun^'ellinL;-  with  the  constituted  authorities  oV 
the  Stale  of  Mississippi:  and  at  what  time  it  maybe  ex- 
p'i>ctt»d  our  General  Assembly  will  lie  called  for  that  purpose. 

"In  the  conversation  1  had  with  yon  this  morninu-,  yon 
were  trood  enoup-h  to  explain,  more  Inlly,  the -views  and 
intentions  of  Mississippi  in  this  matter :  her  desire  that  onr 
Iie<:islature  should  also  ajjpoint  Commissioners  to  meet  those 
of  other  Southern  States  :  and  that  action  at  once  be  had.- 
by  all  the  Soutliern  States,  for  the  formation  of  a  ncAV  q-ov- 
ernmcnt  among  themselves. 

The  position  of  Maryland,  as  a  small,  Southern  Border 
Stnte.  renders  the  exercise  of  any  power  1  may  possess,  for 
the  purposes  indicated  by  you.  a  matter  of  very  <rrave 
importance. 

Our  State  is,  un(iuestionably,  identitied  with  the  Southern 
States,  in  fcclinpr  and  l)y  the  institutions  and  habits  which 
prevail  aVnong-  ns.  But  she  is  also  conservative,  and  above 
all  thing's,  dcA-oted  to  tlie  Union  of  these  States  under  the 
Constitution.  Her  people  will  use  all  liunerable  means  to 
|)re.serve  and  ])erpctuate  these.  1  think  I  know  the  senti- 
ments of  her  citizens  in  this  matter  ;  and  that  I  am  not 
mistaken  Avlien  1  say,  that,  almost  unanimously,  they  intend 
lo  irjihold  that  Union  and  to  maintain  their  riglits  under  it  : 
that  they  l»elieve  the?e  lastuill  yet  be  admitted  anfl  secured: 
and  that  not  until  it  is  certain  the}*  will  be  respected  no> 
longer  :  not  until  every  honorable,  Constitutional  and  lawful 
effort  to  secui'e  them  is  exhausted,— will  they  cons>enfc  to  any 
effort  for  its  dissolution. 

The  people  of  Mar\dand  are  aiucious  that  time,  be  given, 
and  an  opvjor^miity  aiforded,  for  a  fair  and  honorable  adjust- 
ment of  thojfe  difficulties  and  grievances  of  which  they,  more 
than  the  people  of  any  other  Southern  State,  have  a  right  to 
'■omplaiu.  And,  in  ray  opinion,  if  the  people  of  this  Union 
really  desire  its  continuance  and  perpetuity,  such  adjustment 
may  be  effected.  I  hope,  and  believe,  it  will  be  effected ; 
fmd  promptly ;  and  until  the  effort  is  proved  to  be  vain,  I 


183 

cannot  consent,  by  any  precipitate  or  revolutionary  action 
to  aid  in  the  dismemberment  of  this  Union.  • 

When  I  sliall  sec  clearly  that  there  is  no  hope  of  siu^h 
adjustment,  and  am  connneod  that  the  power  of  the  Federal 
Government  is  to  V»e  perverted  to  the  destruction,  instead  X)\' 
being  used  for  the  protection  of  our  rights:  then,  and  not 
till  then,  can  I  consent  so  to  exercise  any  power  with  which 
I  am  investCid,  as  to  ajQbrd  even  the  opportunity  of  such  a 
proceeding".  .    ,  u,   r.i-. 

Whatever  powers  1  may  have,  1  shall  u.so  only  after  full 
consultation,  and  in  fraternal  concert,  with  the  other  Border 
States,  since  we,  and  they,  in  the  event  of  any  dismember- 
ment of  the  Union  will  suffn-  more 'than  all  the  others 
combined. 

1  am  now  in  conespondcmv  wiili  tlM>  Glovernors  of  those 
►States  ;  and  I  await  with  solicitude,  for  tlie  indication  of 
the  course  to  be  pursued  by  them.  When  this  is  made 
known  to  mc  1  shall  be  ready  to  take  such  sto])s  as  our  duty 
and  interests  shall  demand  ;  and  1  do  not  doubt  the  people  of 
Maryland  arc  ready  lo  stand  with  the  jjcopleof  (hose  States 
for  weal  or  woe.  \ 

I  fully  agree  with  all  that  yuu  have  said  as  tn  the  neces- 
sity for  protection  to  the  rights  of  the  Soutli ;  and  my  sympa- 
thies are  entirely  with  the  gallant  pcojile  of  Mississi})pi  who 
stand  ready  to  meet  any  infringement  of  those  rights.  But 
I  earnestly  hope  they  will  act  with  ]n'udcnce  as  well  as  with 
courage.  Let  us  show  modoi'ation  as  well  as  firmness ;  and 
be  unwilling  to  resort  to  extreme  measures,  until  necessity 
shall  leave  us  no  choice. 

I  am  unable  to  inform  you  when  the  Legislature  of  this 
State  Avill  be  called  together  ;  for  until  I  can  perceive  the 
necessity  for  such  a  step,  I  am  not  willing  to  awaken  the 
apprehensions,  and  excite  the  alarm,  which  such  a  call,  at 
the  present  time,  could  not  fail  to  excite. 
I  have  the  honor  to  be. 
A\'i*v  respeclfhlly, 

Your  obedient  servant, 

TIIOS.  H.  ITfCKS. 

Hon.  A.  H.  Haxjjy. 

Coiii  iiyt--.'>uiin  r  I  if  .Mi'^'ii-'i-nppi. 


184 

[DOCUMENT  E.l 

Washington,  D.  C.  Dec.  26.  1860. 

His  Excellency  JOHN  J.  PETTU?^, 

Governor  of  Missis.sippl 

Sir: — The  package  you  were  pleased  to  forward  to  me 
containing  my  appointment  of  Commissioner  of  Mississippi 
to  the  State  of  North  Carolina.  I  had  the  honor  to  receive 
on  the  I'Uh  instant.  In  ol)edience  to  your  instructions,  I 
set  out  for  Raleigh,  the  Capital  of  the  State,  on  the  17th., 
and  arrived  thereon  the  18th.  Immediately  on  my  arrival,  His 
Excellency  John  W.  Ellis,  complimented  mo  -with  a  personal 
visit,  and  in  our  first  interview  1  made  known  the  object  of 
my  mission.  He  welcomed  me  to  the  State  in  the  kindest 
terms,  and  dm-ing  the  same  evening  I  addressed  him  a  com- 
munication ill  which,  in  dispassionate  Ijut  decisive  language, 
I  attempted  to  set  fortli  the  apprehended  evils  of  which 
Mississippi  complains,  and  invited  the  co-operation  of  North 
Carolina  in  devising  a  remedy. 

This  comnmnication  was  laid  before  the  Legislature  with 
a  short  message,  on  the  20th,  a  copy  of  which  is  herewith 
enclosed. 

Your  Coiiiuiissioncr  Avas  received  with  great  cordiality, 
courtesy  and  consideration  l)y  the  Legislature  of  the  State, 
and  sympathy  and  i'es])ect  for  oui-  State  and  her  people  Avere 
manifested  on  all  sides. 

On  the  20th,  however,  tiie  Legislatuj-e  adjourned  over  for 
the  holidays  until  the  7th  of  January  proximo.  After  my 
arrival,  a  i)ill  a})])ro])riating  $^300,000  for  the  purchase  of 
arms  for  the  State  j^assed  the  Senate  with  only  three  dissent- 
ing votes,  and  when  it  was  sent  to  the  House  of  Commons 
several  test  votes  were  taken  upon  the  bill  Avhich  demon- 
strated that  an  overwhelming  majority  of  that  body  favored 
the  appropriation.  This  bill  will  be  tire  first  business  in 
order  on  the  re-assembling  of  the  Legislature.  There  was 
a  strong  feeling,  however,  with  many  members  to  increase 
the  sum  from  $300,000  to  one  million  dollars. 

The  })ill  providing  for  a  call  of  the  Convention  of  the 
State  had  been  deferred  v\'hen  I  arri^ved  until  the  7th  of 
January.  I  feel  confident  that  l:)oth  these  measures  will  be 
passed. 

The  prevailing  sentiment  of  the  Legislature  and  the  people 
is  that  all  the  distracting  questions  arising  out  of  our  con- 


185 

stitutional  rights  to  property  in  slaves  must  be  now  settled 
for  all  time  to  come.  An  anxiety  is  felt  to  maintain  the 
Union  of  these  States,  if  that  can  be  done  without  a  forfeit- 
ure of  honor  and  endaufrci-ing  our  property.  But  to  keep 
North  Carolina  in  tlic  Union  something  dooisivc  must  be 
done,  and  tliat  at  an  early  day,  to  effectually  arrest  the 
carrying  into  effect  the  policy  of  the  Black  Republicans. 
As  soon  as  all  hope  of  a  satisfactory  adjustment  of  the 
slavery  issues  is  abandoned,  the  voice  of  Nortli  Carolina 
■will  be  well  nigh  unanimous  for  a  Southern  Confederacy. 
There  is  already  a  very  large,  spirited  and  tahmted  pro- 
portion of  the  i)eople  of  the  State  in  favor  of  separate  State 
action  and  immediate  secession.  This  feeling  is  growing 
daily  ;  the  mountain  districts  are  zealous  and  enthusiastic  ; 
the  low  country,  where  the  large  slave  population  is  found 
is  slower  and  more  cautious.  But  the  spirit  of  the  patriots 
of  Mecklenburg  in  1775  is  entering  the  hearts  of  the  people 
everywhere,  and  it  will  carry  them  to  its  legitimate  con- 
clusions of  resistance  to  wrong  and  the  maintenance  of  our 
Constitution  in  its  purity  against  the  revolution  threatened 
by  an  irresponsible  majority.  Should  the  election  ever  be 
presented  whether  North  Carolina  shall  continue  her  con- 
nection with  the  non-slaveholding  States  of  the  North  or 
join  her  Southern  sister  States  on  the  Gulf  of  Mexico,  she 
will  follow  the  promptings  of  her  heart  and  unite  her  desti- 
ny with  us. 

In  Congress,  no  disposition  for  accommodation  is  shown, 
and  if  there  be  no  change,  and  I  cannot  believe  there  will 
be.  North  Carolina  will  be  ready  to  act  decisively  by  the 
4th  of  March  next. 

As  far  as  I  could  ascertain  the  feelings  and  wishes  of 
North  Carolina,  it  was  that  Mississippi,  wore  she  inclined  to 
adopt  the  line  of  separate  secession,  should  postpone  the  day 
on  which  her  ordinance  of  separation  should  take  effect  till 
the  3d  of  March,  at  which  time,  by  reason  of  the  failure  of 
all  efforts  at  accommodation,  she  will  be  ready  to  become 
her  ally  and  confederate — and  it  is  further  my  opinion,  that 
as  goes  North  Carolina,  so  will  go  all  the  liorder  slave 
States. 

Thanking  you  for  the  confidence  you  have  reposed  in  me, 
and  ready  now  and  at  all  times,  to  sacrifice  life,  fortune  and 
all  I  hold  most  dear  for  our  beloved  sovereign  Mississippi. 
1  have  the  honor  to  be. 

Your  friend  and  obedient  servant, 

J.  THOMPSON. 


186 

Kalekjii,  X.  C.  Thursday,  Dcccmbn-  20.  1860. 

To  THE  IIOXOnABLE.   THE  GeXERAL   ASSEMBLY 

OP   THE   STATE   OF   XORTII    CAnOLTNA. 

Gentlemrii : — Herewith  I  transmit  a  coramunication  from 
the  Hon.  Jacob  Thompson,  a  distiurriii?hcfl  oitizcn  of  the 
State  of  Mississippi,  now  present  in  this  city  as  a  Commis- 
sioner from  that  State  to  the  State  of  North  Carolina. 

The  communi(^ation  discloses  in  firm  yet  dispassionate 
language,  tlie  sentiments  of  Mississippi  upon  the  subject  of 
our  national  troubles,  and  will,  T  doubt  not,  meet  with  a 
cordial  response  u])on  the  part  of  the  people  of  North  Caro- 
liga,  believing  as  1  do,  that  it  is  a  settled  conviction  with 
them  tluit  all  controverted  questions  touching  the  institution 
of  African  slavery  in  the  United  States,  should  and  must 
now  be  deiinitively  adjusted,  and  the  agitating  subject  forever 
removed  from  the  minds  of  men.  . '  . 

Apart  from  the  grave  character  of  the  mission,  it  is 'a 
pleasing  circumstance  that  Mississippi  should  select,  as  her 
messenger  to  us  a  native  of  North  Carolina,  upon  whom  she 
lias  heretofore  conferred  the  choicest  honors  in  the  gift  of 
her  people,  aud  it  is  witli  high  satisfaction  that  I  now  iiiake 
a  public  recognition  of  this  courtesv.-  I'i^'iiJ   '>" 

'  JOHN  W.  EUJS. 

Executive  Pepartmcnl,  Doc.  20.  1 '-'<>o 


ADDRESS. 

Raleigh,  Nf  C  Dec  isr>0. 

jflTS   EXECELLENCY   JOHN   W.   ELLIS, 

Governor  of  the  State  op  North  Oaikilina. 

.  Sir: — 1  have  tiio  honor  to  inform  you  that  T  have  l)een 
duly  a])pointed  a  Commissioner  from  the  State  of  Mississippi 
to  the  State  of  Noi-th  Carolina.  I  have  been  instructed  by 
the  Grovernor  o(  Mississippi,  to  rejjort  myself,  in  per.son,  to 
your  E.\cellcncy  and  through  your  kind  offices,  to  inibrm 
the  people  of  tills  CommonAvealth  "that  the  Legislature  of 
Mississippi  has  passed  an  act  calling  a  Convention  of  the 
people  of  the  State,  to  consider  the  threatening  relations  of 
the  Northern  and  Sontheru  sections  of  the  United  States; 


187 

aggra^'ated  by  the  recent  election  of  a  President  upon  prin- 
ciples of  hostility  to  the  States  of  the  South,  and  to  expresr* 
the  earnest  hope  of  Mississippi  that  ^lorth  Carolina  will 
co-operate  with  her.  in  the  adoption  of  efficient  measures  for 
the  common  defence  and  safety  of  the  South.'' 

It  ajffords  nie  great  pleasure  to  accept  this  appointment, 
and  to  obey  these  instructions  ;  yet  I  most  sincerely  regret 
tjic  public  necessity  wliich  impels  my  adopted  State  to  ask 
for  the  counsel  and  co-operation  of  my  native  State.  Com- 
mon dangers  threaten  the  peace,  honor  and  safety  of  both  : 
and  it  is  certain  that  an  unresistiug  su))raission  to  the  agres- 
sivc  and  hostile  policy  of  the  Nothern  States  will  inevitably' 
involve  botli  in  a  common  humiliation  and  ruin.  The  ci'isis 
demands  action.  It  is  unbecoming  a  free  people  to  close 
their  cyc:^  to  the  issue  forced  upon  them,  and  to  cry  peace, 
peace,  when  there  is  no  peace.  The  antagonism  of  opinion, 
upon  t.he  questions  growing  out  of  the  recognition  by  the 
Constitution  of  the  right  of  property  in  slaves,  so  long  and' 
angrily  discussed,  has  at  last  culminated,  in  the  adoption,  by 
a  majority  of  the  Northern  peo]:)le  of  the  doctrine  of  the 
•■  irrepressible  conflict."  The  leading  idea  of  this  creed  is 
that  the  Union  of  these  States  cannot  endure,  half  of  them 
slavcholding,  and  the  other  half  non-slaveholding.  This 
conflict  is  to  be  inaugurated  under  the  forms  of  the  Consti- 
tution on  the  4th  of  March  next,  and  if  adhered  to  and 
carried  out,  the  assertions  of  its  most  violent  advocates  that 
■  freedom  is  triumphant"  and  "  that  slavery  is  overthrown.'" 
arc  self  evident  propositions. 

It  is  admitted  that  each  State  muf  t  decide  for  herself,  botli 
the  mode  and  measure  of  redress  for  present  and  prospective 
evils  and  grievances.  One  destiny,  howeuer,  awaits  all  the 
slaveholding  States  of  this  Union,  and  fate  has  iudissolubly 
linked  their  fortunes  together :  Therefore,  it  is  meet,  and 
wise,  and  proper  and  expedient,  that  they  shoidd  consult  and 
advise  together,  for  their  common  defense  and  general  wel- 
fare. Thus  the  hasty  and  precipitate  will  be  checked,  the 
laggard  and  spiritlc'ss  aroused  to  action,  and  a  universal 
confidence  will  be  felt,  that  our  rights  will  be  secure,  and 
our  government  placed  on  the  safest  and  sm-est  foundation. 

Mississippi  is  content  with  the  compact  which  cm-  fathei't 
framed.  The  Constitution  of  the  United  States  already 
affords  guarantees  which  are  ample  for  our  security.  But 
they  are  found  on  parchment  only.  Tlie  r«ople  of  the 
Northern  States  have  not  kept  faith  with  us.  Not  only  have 
a  majority  of  the  non-.slaveholding  States  rendred  all'  legis- 
lation for  our  protection  nugatory  and  inoperative  by  State 


188    • 

enactmentsVbut  on  the  6tli  of  November  last,  a  majority  of 
the  people  of  all  the  free  State,-  endorsed  a  plu'tfurni  oi" 
principles  in  direct  conflict  Avith  the  Constitution  and  the 
decisions  of  the  Supreme  Court,  and  thus  the  will  of  u 
numerical  majority — a  majority  trained  fi'om  infancy  to  hate 
our  peo[)le  and  their  institutions,  are  to  be  substituted  in 
their  stead. 

}frhQ  Executive  and  Judicial  departments  of  the  govern- 
ment, and  the  Senate  of  the  United  States  have  always  held 
that  property  in  shaves  was  reco,i!'nized  l»y  the  Constitution, 
and  tiierefore,  under  a  common  tla<;  was  entitled  to  protec- 
tion, Tiie  dominant  ])artp  deny  this  pro])osition.  and  thus 
by  their  construction,  tiie  Constitution  will  bo  chang-ed.  this 
common  Government  Avill  lie  revolutionized,  and  instead  of 
throwing  its  broad  shield  over  all  the  citizens  of  all  the 
States,  protecting  each  and  all  equally  in  the  possession  ann 
enjoyment  of  their  rights  of  property,  it  will  be  perverted 
into  an  engine  for  the  destruction  of  our  domestic  institu- 
tions, and  the  suljugation  of  our  people. 

The  question  which  is  now  submitted  lioth  to  Mississippi 
and  North  Carolina,  is  this,  shall  we  sit  quietly  down  without 
a  murmur,  and  allow  all  our  constitutional  rights  of  jiroperty 
to  be  taken  away  by  a  construction  of  the  Constitution 
which  originates  in  hostility  and  hatred,  or  shall  we.  as  men 
who  know^  our  rights,  liestir  ourselves,  and  by  a  firm,  united 
and  cordial  "co-operation,''  fortify  !ind  strengthen  them, 
that  they  may  be  transmitted  unimpaired  to  our  children, 
and  our  children's  children,  throughout  all  generations. 
Wisdom  dictates  that  all  the  (juestions  arising  out  of  the 
institution  of  slavery,  should  be  settled  now  and  settled 
forever. 

A  people  jealous  of  their  liberty  will  detect  danger  while 
it  is  yet  afar  off  and  provide  the  remedy.  If  ever  there  was 
a  people  answering  this  description  the  past  glorious  history 
of  North  Carolina  will  point  out  your  fellow-citizens  as  that 
people. 

I  bear  this  message  of  Mississippi  to  you,  and  through 
you,  to  the  people  of  North  Carolina  ;  and  I  hope  that  you 
•vrill  allow  me  to  inform  Mississippi  that  North  Carolina  is 
fully  alivo  to  the  importance  of  the  present  crisis,  and  "will 
cooperate  with  her  in  the  adoption  of  efficient  mcasm-es  for 
the  common  defense  and  safety  of  the  South." 
I  have  the  honor  be,  with  great  respect, 

Your  obedient  servant, 

J.  THOMPSON, 
Commiasioner  from  Ifississippi, 


189 
[DOCUMENT  F.] 
Little  Rock,  Arkansas.  J.)ecombcr  22,  1860. 
His  Excellency  J.  J.  PETTUS, 

Sir : — I  have  only  time  to  day  to  ti-ansniit  to  you  the 
action  of  the  authorities  of  Arkansas  concerning  the  ob^ec^t* 
of  the  mission  with  wliich  I  liave  been  entrusted. 

A  bill  calling  a  Convention  of  the  people  has  just  passed 
the  Hous(>  of  Representatives  V)v  a  nearly  unanimous  vote 
and  it  is  l)elieved  will  ])ass  the  Senate  on  to-morrow  or  at 
an  early  day. 

Reserving  the  privilege  of  making  a  report  and  d3tail  of 
the  events  connected  with  my  visit  to  the  Capital  of  our 
sister  of  Arkansas. 

I  am,  with  sentiments  of  high  respect  and  consideration. 
Your  obedient  servant, 

0.  R.  FALL,  Commissioner. 


Special  Message  from  the  Governor  nla'ive  to  C  >n  m'ssioncr 
from  Mississippi. 

Mr.  Speaker  : — I  am  instructed  by  the  governor,  to 
deliver  to  the  House  of  Representatives  the  'o  lowing  mes- 
sage and  accompanviusr  documents. 

W.  M.  MATHENY.  Private  Secretary: 

December  18.  1860. 


Mr.  Speaker  and  Gentlemen  of  the  House  of  Rep^e- 
f=!ENTATiVES  : — For  the  information  of  your  honorable  body, 
I  beg  leave  to  communicate  to  you,  the  following  letter, 
addressed  to  me  by  the  Hon.  George  R.  Fall,  a  commission- 
er deputed  by  the  anthorities  of  the  State  of  Mississippi,  to 
the  State  of  Arkansas,  to  inform  the  people  of  this  common- 
wealth of  the  action  taken  by  the  legislature  of  said  State, 
touching  the  present  threatening  relations  existing  betweeTi 
the  Northern  and  Southern  States  of  the  Union. 

Also  the  letter  of  appointment  or  comniissioB,  givea  by 
his  cxcell^cy,  John  J.  rettuB,  Governor  of  the  State  of 
Mississippi,  to  said  couunissioner. 


1»0 

Also,  the  convention  bill,  anU  federal  resolutions,  pi*sed 
by  th  •  l3gi?laturo  of  that  State,  and  delivered  in  pcrso  \  by 
the  said  Hon.  Geo.  'R.  Fall.oomuii>sioner.  to  me  this  morniuo-. 

HENRY  M.  RECTOR.  ^ 


..-.^;  •  LiTTLK  Rock,  ARKANSAiJ,  December  17.  1860. 

flis  ExcELLKNCY,  H.  M.  RECTOR. 

T ;  *S'Cr  : — It  lias  I  teen  niade  my  duty  to  iut'orm  your  e.xcelleu- 
cy.  that  tiic  legislature  of  the  State  of  jMississippi,  '"has 
pa?Bcd  an  a(5t  calliup,'  a  convention  of  the  people  of  the  State 
tp  consider  the  present  threatening  relations  of  the  Northern 
and  Southern  sections  of  the  confederacy,  aggravated  by 
tlie  election  of  a  president  upon  principles  of  hostility  to  the 
States  of  the  South,  and  to  express  the  earnest  hope  of 
Alissis.si}>])i,  that  those  States  will  co-operate  ^vith  her  in  the 
adop  ion  o'"  efficient  measures  for  tlieir  common  de.e;nce  and 
safety.''  I  herewith  present  that  act,  and  also  a  preamble 
and  resolution,  passed  by  the  same  body,  upon  a  subject  of 
vital  interest,  not  only  to  the  people  of  Missitjsippi  and  the 
slaveholdiug  Stales,  but  to  the  people  of  all  the  States  of  the 
Union.  ' 

I  take  the  occasion  to  remark,  that  the  action  of  the 
Mississipjii  legislature  was  marked,  I  believe,  by  entire 
miauimity.  On  the  eve  of  great  e^•eut5,  that  bodj*  resolved 
to  bury  old  partizan  feuds,  and  as  members  of  the  same  family 
to*make  a  united  and  concentrated  efiforts  to  receive  south- 
ern co-operation  and  southern  resistance  in  defence  of  south- 
ern honor  and  institutions.  Doing  nothing  rashly — making 
no  issue  for  her  sister  States,  she  seeks  their  earnest  and 
eovdial  co-operation,  with  a  view  of  obtaining  a  full  and 
final  settlement  of  this  grekt  question  of  the  century  ;  but  if, 
after  a  reasonable  delay,  her  propositions  are  rejected,  she 
will  resume  her  sovereignty,  and  meet  the  sti'ife  alone,  let 
the  consequences  be  what  they  may. 

Trusting,  sir,  that  in  the  approacliing  conflict,  the  ^roat 
State  of  which  you  are  the  ho<ioredG:secutivo.  will  be  iound 
co-operating  with  Mississippi,  I  am  with  high  respect,  .       . 
"Your  excellency's  obedient  servant, 
G.  R.  FALL,  Commissioner  from  Mississippi. 


191- 
STATE  OF  ARKANSAS. 

Wednesday.  December  10   ISOO. 

In  the  Senate  tlu?  following  i)rocee(lings,  '.iiiuniu-  ollierr^, 
were  had,  to-wit  : 

The  folloAviuff  message  Avas  received  from  the  House  of 
Reprepcntatires,  by  the  clerk  : 

Mr.  President  : — I  am  instructed  to  inform  your  honora- 
ble body  that  the  House  of  Representatives  have  adoptedthe 
folloAving  joint  resolutions,  to-wit :         ')»'••  ,)■     ■■■■'.'• 

''Be  it  resolved  hy  the  Gnieral  AsuemUy  of  the  State  of 
Jrkansas,  Thnt  wc  have  received,  with  the  highest  senti- 
ments of  respect,  the  communicatious  which  have  been  made 
to  us  by  the  State  of  Mississippi  through  her  distinguished 
connnissioner,  Oeorge  R.  Fall.  Esq',,  and  wc  hail  with  the 
highest  pleasure,  this  assurance  on  the  part  of  Mississippi, 
that  the  fraternal  regard  and  warm  relations  wliich  have 
characterized,  heretofore,  the  intercourse  of  Qur  States  will 
continue  and  that  our  citizens  have  a  common  interest,  deep, 
lasting  and  abiding. 

Resolved,  That  we  discharge  a  just  and  pleasing  duty  in 
testifying  to  the  State  of  Mississippi  the  able  and  dignified 
manner  in  wliich  her  commissioner  has  discharged  the  offices 
entrusted  to  him  by  his  State. 

Resolved,  Tiiat  tlie  State  of  Arkansas  deeply  appreciates 
the  motive  of  Mississippi  in  proposing  to  counsel  with  those 
who  have  a  common  interest  and  a  common  destiny  with 
herself,  fully  recognizing,  with  her,  the  necessity  for  prompt 
and  early  action  in  view  of  the  present  disturbed  relations 
between  the  two  sections  of  our  confederacy  ;  that  we  feel 
this  government  lias  l)een  pro-tituted  by  the  fanaticism  of  a 
large  political  party  from  the  high  and  pure  objects  for 
which  it  was  formed,  and  rendered  an  engine  of  oppression 
to  those  whom  our  forefathc-s  recognized  as  co-equals  in 
this  government.  ' 

'^'Mesolved,  That  the  Governor  of  this  State  l)e  requested 
to  communicate  the  foregoing  resolutions  to  the  Governor  of 
Mississippi.  . 

liesoJvcd,  That  the  President  of  the  Senate  and  Speaker 
of  the  House  of  Representatives,  transmit  to  the  rton.  Geo. 
R.  Fall  a  copy  of  the  foregoing  resolutions." 

Said  resolutions  are  herewitli  transmitted  for  the  concur- 
rence of  your  honorable  bodv.  which  is  respectfullv  asked. 

S.  M.  SCOTT, 
Clerk  of  the  House  of  Representatives. 


19fi 

Friday,  December  21,  186U. 

On  motion  of  Mr.  McColloch,  the  House  joint  resolutiond 
complimentary  to  Hon.  Geo.  R.  Fall,  were  taken  up,  read 
and  concurred  in. 

In  testimony  that  tlie  foregoing  proceedings  were  had  as 
appears  from  the  Joiirnuls  of  the  two  houses  (.)f  the  General 
Aseembly.  the  President  of  the  Senate  and  Speaker  of  the 
House  of  Representatives  liereto  set  their  hands,  the  same 
being  attested  by  their  Secretary  and  Clerk,  on  this  twenty- 
first  dav  of  December,  A.  D.  1800. 

THOMAS  FLETCHER; 
President  of  the  Senate. 
BRADLEY  BUNCH, 
Speaker  of  the  House  of  Representatives. 
Attest : 
John  D.  Kimball, 

Secretary  of  the  Senate. 
S.  M.  Scott, 

Clerk  of  the  House  of  Eejyresentatives. 


Little  Rock,  Arkansas,  December  20,  1860. 
His  Excellency  HENRY  M.  RECTOR, 

Sir  : — Having  discharged  the  duties  assigned  me,  by  the 
Executive  of  Mississippi,  my  official  intercourse  with  your 
excellency  will  terminate  on  to-morrow. 

You  will  permit  me  to  remark,  that  my  sojourn  in  your 
Capital  will  always  be  remembered  with  pleasure,  in  con- 
sequence of  the  numerous  evidences  of  respect  shown  to  my 
State  and  the  courtesy  which  has  been  personally  extended 
to  myself  not  only  by  your  Excellency  but  by  the  Legislative 
authorities  and  citizens  of  Arkansas. 

I  beg  that  your  Excellency  will  accent  for  yourself  and 
convey  to  the  Legislature  of  your  State  this  simple  acknowl- 
edgement of  my  high  consideration  and  respect. 
Your  Excellency's  obedient  servant, 
G.  R.  FALL,  Commissioner  from  Mississippi. 


EXECUTIVE  OFFICE,  ( 

Little  Rock,  Dec.  20,  1860.  j 

Hon.  GEO.  R.  FALL, 

Commissioner  Extraordinary  from  the  State  of 

Mississippi  to  the  State  op  Arkansas. 

Sir  : — 1  am  in  recei]it  of  your  comiuunieation  ol'  this 
luorniiif^,  annovmcing'  that  the  duties  assigned  to  you  by  the 
Executive  of  Mississipjii  have  been  discharged,  and  that  your 
official  intercourse  Avitli  the  autliorities  of  Arkansas  will 
I'ease  on  to-morrow. 

Yon  are  also  pleased  to  allude  in  terms  highly  gratifying 
to  the  mnnerous  evidences  of  respect  shown  to  your  State 
{ind  the  courtesy  personally  extended  to  yom'self  by  the 
Executive  and  Legislative  authorities  of  Arkansas. 

Be  i^leased  to  accept  in  retm*n  my  acknowledgements  for 
the  consideration  shown  by  the  authorities  of  Mississippi  to 
those  of  Arkansas,  evidenced  by  your  mission  here. 

With  an  assurance  that  the  M-armest  sympathies  are  felt, 
by  myself  at  least,  and  I  am  confident  l)y  a  large  majority  of 
om*  people  in  common  with  Mississijipi,  and  other  sister 
States  of  the  South  Avhich  have  been  goaded  by  persistent, 
and  relentless  persecution,  to  seek  their  futm-e  safety,  and 
protect  their  honor,  inside  of  a  separate  nationality. 

With  sentimeira  of  great  respect  for  yourself,  and  the 
authorities  of  your  State, 

I  am  respectfully, 

Yom-  obedient  servant, 
HENRY  M.  RECTOR, 
Governor  of  the  State  of  Arkansas. 


Little  Rock,  Ark.,  December  25th,  1860. 

To  His  Excellency,  JOHN  J.  PETTUS, 

Governor  of  Mississippi. 

Sir  :  I  have  already  enclosed  to  your  Excellency,  the 
official  action  of  the  authorities  of  Arkansas,  relating  to 
the  objects  of  the  mission  with  which  I  have  been  recently 
entrusted  to  that  State. 

Immediately  upon  receipt  of  my  credentials,  I  repaired  to 
C— 37 


194 

Little  Rock  and  presented  to  His  Excellency,  Henry  M. 
Rector,  the  Bill  calling  a  Convention  of  the  people  of  I^Iis- 
si^sippi,  together  with  the  resolutions  passed  Ijy  our  Legis- 
lature at  its  late  session.  These  documents  were  promptly 
laid  before  the  Legislature  of  Arkansas,  then  in  session  by 
tiie  ?].i^ecutive,  and  throe  lliousand  copies  ordered  to  be 
printed  for  distribution.  Accompanying  them  was  a  note 
from  your  Commissioner,  which,  with  other  proceedings 
have  been  forwarded  to  the  Executive  Department,  to  which 
your  Excellency  is  referred. 

When  your  Commissioner  left  the  Capitol  of  Arkansas, 
a  bill  calling  a  Convention  of  the  people  of  that  State  had 
passed  the  House  of  Representatives  by  an  almost  unani- 
mous vote,  and  no  doubt  is  now  the  law  of  the  land. 

The  qiAstion  of  secession  is  a  new  one  in  Arkansas.  It 
has  never  yet  been  debated  or  considered  there  ;  and  it  is 
not  therefore  surprising  that  the  |)Cople  of  that  great  State, 
should  not  bo  as  familiar  witli  it,  and  as  ready  to  act  upon 
it,  as  are  the  people  of  Mississippi,  where  it  has  been  dis- 
cussed for  many  years,  and  where  her  most  eminent  states- 
men, cheerfully  embracing  this  issue,  have  on  more  than  one 
contest  before  the  people  l>een  beaten  down  and  driven  to 
private  life.  Nevertheless,  the  evidences  of  a  determination 
on  the  part  of  Arkansas  to  co-operate  with  tlic  Southern 
States  on  the  formation  of  a  Southern  •onfederacy  are  of 
the  most  cheering  and  substantial  character.  The  people 
are  moving  in  their  primary  assemblies  in  all  sections  of  the 
State,  and  the  Executive  and  Legislative  branlices  of  the 
government,  recognize  the  necessity  of  })rompt  and  early  ac- 
tion in  view  of  the  threatening  relations  which  exist  between 
the  Northern  and  Southern  sections  of  the  confederacy. 

In  my  intercourse  with  the  authorities  of  Arkansas,  I 
have  kept  constantly  in  view  the  chief  object  of  my  mission, 
and  have  not  failed,  on  all  proper  occasions,  to  respectfully 
urge  the  views  and  policy  of  Mississippi :  and  it  will  be 
gratifying  to  your  Excellency  to  l)e  informed,  that  your 
Commissioner,  oflicially  as  avoII  ns  individually,  was  always 
received  with  the  greatest  kindness  and  the  highest  consid 
eration. 

1  have  the  honor  to  be. 

Your  Excellency's 
Obedient  servant, 
G.  R.  PALL, 
Commissio)ier  from  Mis&wsippi. 


195 

[DOCUMENT  H.] 

Fkankfort,  Ky.,  Dec.  19th,  1860. 

His  Excellecy  B.  MAGOFFIN. 

Sir:—]  hej-ewith  transmit  to  \oiir  Excellency  a  series  of 
resolutions  pa.-j?ed  by  the  Legislature  of  Mississippi,  at  a 
called  session  thereof,  on  the  30th  day  of  November,  1860. 
By  these  resolutions  the  Governor  of  Mississippi  is  author- 
ized and  requested  to  appoint  as  many  commissioners  as  in 
his  judgment  may  bo  necessary  to  visit  each  of  the  slave- 
holding  States  and  inform  thcmjtliat  the  Legislatnreof  Missis- 
sippi had  passed  an  act  calling  a  Convendon  of  the  peopio 
said  State  to  consider  the  present  threatning  relations  of  the 
Northern  and  Southern  sections  of  the  Confederacy,  aggra- 
vated by  the  recent  election  of  a  President  on  principles  of 
hostility  to  the  States  of  the  South,  and  to  express  the 
earnest  hope  of  ^fississippi,  that  those  States  will  co-operate 
with  her,  in  the  adoption  of  eJEcient  measures  for  their 
common  defense  and  safety. 

^  The  resolutions  further  provide,  "that  should  any  Southern 
State  not  have  convened  its  Legislature,  the  Commissioner 
to  such  State,  shall  appeal  to  the  Governor  thereof  to  call 
the  Legislature  together,  in  order  that  its  co-operation  may 
be  immediately  secured." 

In  discharging  tjie  duty  which  devolved  on  the  Executive 
of  Mississippi  l\y  the  resolutions  referred  to,  His  Excellency 
John  J.  Pcttus,  has  conferred  on  me  the  appointment  of 
Commissioner  to  the  Commonwealth  of  Kentucky,  I  am 
now  ready  to  lay  before  your  Excellency  my  credentials,  and 
to  enter  into  the  conference  contem])lated  by  the  Legislature 
of  Mississippi  in  creating  and  filling  the  mission,  I  have  the 
honor  to  await  your  Excellency's  reply. 
Very  respectful  Iv, 

W.  S.  FEATHERSTON. 


Holly  Springs,  Jan.  2d,  1861. 
HiR  Excellency  JOHN  J.  PETTUS. 

^StV.— Immediately  on  the  receipt  of  my  credentials  a« 
Commissioner  to  the  State  of  Kentucky,  I  visited  the  Capitol 


196 

of  that  Commonwealth.  1  learned  in  conference  with  His 
Excellency  Governor  Magoffin,  that  tlio  Legislature  of  that 
State,  liad  not  been  convened,  a??  wi'll  as  the  reasons  which 
had  restrained  him  Iroiii  issuing  his  proclamation  for  that 
purpose,  f  noAV  have  the  pleasure,  however,  of  announcing, 
that  liis  proclamation  has  since  that  time  been  issued,  and 
that  the  Legislature  of  Kentucky  will  convene  in  extra 
session  on  the  ITth  of  this  m(jntli. 

I  was  assured  by  Governor  Magoffin,  that  Kentucky  was 
as  emphatically  pro-slavery  as  any  one  of  her  Southern 
.sisters.  And,  in  the  event  of  a  ilissolution  of  the  Union, 
and  of  Ken tncky's  being  forced  to  nuike  her  election  between 
the  two  sections  of  tlie  Confederacy,  she  would  tmquestion- 
ably  go  with  the  South.  He  also  assured  me,  that  a  very 
large  majority  of  the  people  of  that  State,  would  not  favor 
the  secession  of  Kentucky  until  in  their  judgment  all  lionor- 
ablc  means  of  securing  their  rights,  and  saving  their  honor 
within  the  Union,  had  bCcn  exhausted.  That,  they  desired 
a  Convention  of  the  Southern  States,  in  order  to  agree  upon 
such  additional  guarantees  or  amendments  to  the  Constitu- 
tion of  the  United  States  as  Avould  settle  iinally  and  foi-ever 
this  sectional  controversy,  upon  a  basis  satisfactory  to  the 
South.  If  these  rights  thus  asserted  l)y  a  Southern  Con- 
vention, should  not  be  promptly  conceded  by  the  Xortli, 
Kentucky  would  then  l)e  ready  for  secession.  Such  is  the 
present  state  of  public  opinion  there,  as  1  learned  from  every 
reliable  source  of  information.  I  was  ):>roud  to  witness 
there,  however,  the  same  indications  of  a  rapid  change  in 
public  opinion  that  are  now  seen  in  all  of  the  Southern 
States.  Kentucky  is  evidently  moving  in  the  right  direction. 
Her  people  are  a  proud-spirited,  chivalric  race  who  are 
disposed  to  submit  no  longer  to  Xorthcrn  aggression.  The 
prompt  secession  of  the  Cotton  States,  would,  in  my  judg- 
ment, speedily  unite  the  entire  South  in  one  Confederacy. 
I  have  the  honor  to  be,  very  truly, 

Your  obedient  servant, 

^V.  S.  FEATHERSTON. 

P.  S. — I  transmit  to  your  Excellency  lierewith,  copies  of 
the  only  correspondence  which  ensued  between  Governor 
Magoffin  and  myself. 

Verv  trulv, 

W.  S.  F. 


107 
[DOCUMENT  I.] 

Jackson.  Dec.  81st,  1860. 
His  Exckllexcv  J.  J.  PETTU.-. 

GoVEHNOlt    i)F    THE    StaTE    OF    MISSISSIPPI. 

l.)(.'(ir  iStr:  —  l  ha\c  lir-  lnuKir  lu  report  herewith  the  pro- 
oeedinu's  of  the  Leu'ishitui-e  <>t'  the  State  of  (Jeorgia,  on  my 
reee|ition  as  eoinmipsioiier.  hy  your  appointment,  from  the 
State  of  Missi>sipiii.  Al.«t  a  cdpy  of  my  Address  delivered 
before  that  body. 

1  shouhl  (hi  iiijjisiice  lu  !n\  own  feeling.s — to  the  peopleof 
Miiisissippi — aiui  liiure  than  all,  to  the  authorities  and  people 
of  the  State  of  Georgia — if  I  failed  to  make  known  here, 
t'lo  distinguislied  kindness,  and  promjit  attention,  with  wliicli 
your  (^mmissioner  was  greeted,  at  the  Capitol  of  Georgia. 
As  a  native  son  of  Georgia,  1  felt  proud  of  the  dignity, 
generosity  and  fraternity,  of  her  lionorcd  sons,  in  their 
reception  of  your  agent,  and  iheir  cordial  response  lo  the 
message  of  !Mississip]>i.  whieli  I  had  llic  honor  to  eonununi- 
cate  :  and  as  an  iuU){)ted  son  of  ^lississippi  and  lier  accredited 
agent.  1  was  efjualiy  pruud,  to  1)C  tlie  recipient,  for  her,  of 
tlic  friendly  greeting  and  assurance,  unanimously  extended — 
and  herewith  communicated  to  your  Excellency. 

It  affords  me  ])lcasure  to  add,  that  while  there  may  be 
differences  among  her  distinguislicd  sons  and  their  respective 
sup]")orters.  as  to  some  minor  matters,  there  is  but  mie  roir> 
in  Georgia  as  to  /irr  secession,  in  fhc  event  that  Mississippi, 
Alabama  and  Florida,  shall  hair  taken  that  step,  before  the 
meeting  of  her  Convention,  em  the  16/A  Jemuary.  I  have 
the  fullest  coniidence.  that  Georgia  will  never  separate  her- 
self from  licr  sisters  and  her  cliildiTii.  e>j  the  Gulf  States. 
Nothing  but  hesitation,  indecision,  or  delay,  upon  their  part, 
will  impede  her  onward  march  irii/i  them,  to  vindicate  our 
common  rights  and  redress  our  conunon  wrongs. 
Very  resjiectfully. 

Your  obedient  servant. 

WILLLUl  L.  HARRIS, 

Commissioner  from  the  State  of  Mississippi 

to  the  State  of  Georgia, 
C— 30 


19$ 
EXECUTIVE  DEPARTMENT,  ( 

MlLLEDGVILLE,  C.A..  Dl'O.   ]o,   1860.  j 

\ 

Tof/ir  (j'cmrdl  ^■'f.scmbly: — I  have  the  pleasure  to  iDfonu 
you,  that  tlie  Hon.  William  L.  Harris,  Avho  has  boon 
jippoiiilf'd  liy  the  Governor  of  llie  Stali;  of  Missi>.-;ip})i,  l.iy 
auth(trity  of  the  L(.'gi<latnre  of  tliat  8tate,  a  Commissioner 
Ui  this  Slate,  to  inform  the  people  of  Georgia,  through  tlieir 
Executive "tinci  Legislature,  (hat  the  State  of  Mississi])pi  has 
called  a  Convention  of  the  peoplis  of  that  State  ;  for  the 
purpose  of  considering  om-  present  grievances,  <fec.,  and 
asking  our  co-operation  in  the  adorttion  of  efficient  measiu'es 
for  the  common  defense  and  safety  of  tlie  Soutii  ;  has  been 
received  at  this  He}tartment,  and  is  now  ready  to  confer  with 
llie  General  Assembly,  ujmiii  IIh'  subjin-t  of  lils  im])0rtan( 
niis:^ion.  * 

I  herewith  enclose  :i  copy  of  the  commission  of  Judge 
Harris,  and  ask  for  him  the  courte.«y  and  con.sideration'due 
his  high  posi(i(^n  as  a  gentleman,  and  as  the  representative 
of  a  sovci'eign  sister  State  Avith  whom  Ave  liave  a  conunon 
interest,  and  a  common  destinv. 

.JOSEPH  E.  BROWN. 

HOUSE  OF  I^EPRESENTATIVES. 

.MiM.Ki>«;viL!.K,  G.\.,  Deceml.ter  15.  186(K 

Whereas,  A  message  from  His   Excellency  the  Governor 

has   informed   us   that  th(?   Hon.   William  Ij.  Harris,  a 

Commissioner  from  the  State  of  Mississippi,  to  the  State 

Georgia  has  arrived  at  the  Capitol  : 

Bcfiohrd,  That  a  connnittee  be  appointed  Ity  the  Speaker. 

to  wait  upon  the  Hon.   "William  L.  Harris  of  Mississippi, 

and  tender  him  a  seat  upon  the  floor  of  this  House,  iind  also 

to  act  in  concert  with  a  connnittee  to  bo  appointed  by  the 

Senate,  to  inform  him   tliat  the   General   A.'^i^embly  of  tlie 

State  of  Georgia,  will  be  ready  to  receive  and  hear  him  in 

the  Representative  Hall  on  Monday  next  at  12  o'clock  M. 

Resolved.  That  the  SenaJ.c  Vie  requested  to  concur  in  this 
action  of  the  House  of  Rcprescutatives.    ■ 

The  committee  appointed  under  the  foregoing  resolutions, 
consist  of  Messrs.  Hartridge,  Smith  of  Towns,  Fannin,  Ely 
and  Tatum. 


SENATE  CHAMBER. 

.\rii,LKrH!viL(,K.  Ga..  December  15.   1800. 

Uu  moiiou  of  Mv.  Billuji,-',  the  Senate  coiioun-od  iii  the 
resolution  of  llie  Ilouse,  and  appointed  Messr.'^.  Billup?,  Me- 
GeUee  and  Tracy,  a  committee  on  the  part  of  the  .Senate,  to 
act  in  concert  witli  tlie  committee  of  the  House  under, said 
resolutions. 

On  further  motion,  Hon.  William  L.  Harris  was  invitcMJ 
to  a  seat  on  tlic  floor  of  the  Senate. 

After  the  committee  had  discharged  their  duty  :  the  two 
Houses  Jiiet  in  convention,  wlien  the  Hon.  William  1j.  Harris. 
Commissioner  of  tlic  State  of  Mississippi,  was  introduced 
and  delivered  his  Address.  When  on  motion,  the  Senate 
i-eturiicd  to  their  Chamber.  * 

Tlie  follo\\-ing'  resolutions  were  then  oflcred  in  the  Senate 
by  the  Hon.  Thomas  Butler  King. 

Rcsohc/I.  That  a  Joint  Select  Committee  lie  appointed,  of 
six  on  the  part  of  tlie  Senate  and  seven  on  the  part  of  the 
House  of  lvepresenta4ivcs,  to  consfder  and  report  the  proper 
form  and  terms  in  which  to  express  the  opinion  of  this 
General  Assembly  in  response  to  the  friendly  and  important 
communication  from  the  State  of  Mississippi,  through  her 
Commissioner  the  Hon.  W.  Ij.  Harris. 

The  connnittcc  appoited  under  said  resolution  are  Messrs. 
King,  Moore,  Briscoe,  Holt,  Lawton  and  Printuj). 

On  motion  of  ^Iv.  Hartridge,  the  House  concurred  in  the 
resolution  of  the  Seiiate,  and  appointed  Messrs.  Hartridge, 
Lester,  Fannin.  Lewis.  Anderson,  Barnes  and  Harris,  a  com- 
mittee to  act  in  concert  with  the  conmiittee  of  the  Senate 
under  said  resolution. 

^Iv.  King  from  the  Joint  Select  Conmiittee,  to  whom  was 
2-eferred  the  communication  of  the  Governor  of  Mississijipi 
to  tlie  Governor  of  tliis  State,  asks  leave  to  submit  the 
following  report : 

Whereas,  A  large  portion  of  the  peoiile  of  the  non-slave- 
holding  States,  have  for  many  years  past,  shown  in  many 
ways  a  fanatical  spirit  bitterly  hostile  to  the  Southern 
States,  and  have  through  the  instrumentality  of  incendiary 
jmblications.  the  pulpit  and  the  newspai)er  press,  finally 
organized  a  political  party  for  the  avowed  purpose  of 
destro.ying  the  institution  of  slavery,  and  consequently 
spreading  ruin  and  desolation  among  the  people  in  every 
portion  of  the  States  where  it  exists  ; 
C— 40 


•     200 

And  ivlurects,  This  j^pirit  of  lanatieism  lia>  allied  itself  ^vifh 
a  desijin  loiii^  cnterlainecl  by  leading  politicians  of  the 
Xortli.  to  wield  the  taxin*;-  ])ower  of  the  (lovernment,  for 
the  purpose  of  pi'olectiii.i^"  and  fostering  tlie  interest  of 
that  secti(jn  of  the  Union,  and  also,  lo  appropriate  the 
common  territories  of  the  L'nilcd  States  to  the  exclusive 
use  of  northern  emigration,  for  the  purpose  of  extending, 
cousolidating,  and  reudering  that  power  irreversible  : 
Aiu^whercas,  These  designs  and  movements  have  attained 
ascendency,  sucli  as  to  combine  a  large  majority  of  the 
Xortheru  people  in  this  sectional  party,  which  has  elected 
to  the  Presidejicy  and  Vice  Presidency  of  the  United 
States,  candidates  who  are  pledged  in  the  most  solemn 
form  and  the  plainest,  repeated  declarations  to  wield  all 
the  influence  and  power  of  the  Federal  Government  to 
accomplish  the  objects  and  puri>oses  of  the  party,  by 
*    which  they  have  been  elected  : 

A))d  ichcreas.  ^[any  of  the  slaveholdiug  States  arc  about  to 
assemlde   in    Convention  for    the   purpose   of  adopting 
measures  for  the  protection  of  theii'  rights,  and  the  secu- 
rity of  their  institutions: 
And  tcIicnrLs.  The  State  V)f  Mississippi  has,  in  a  noble  spirit 
of  fraternity  seat  a  Commissioner  to  comnmnicate  to  this 
General  Asseml^ly,  her  desire  in  the  emergency  in  our 
Federal  relations  ;  Therefore  be  it, 
Resolved,  1st.     Tliat  the  Genei'al  Assembly  of  Georgia, 
has   listened   with   sentiments  of  profound  sympathy  and 
respect  to  the  message  of  .Alississippi,  on  the  subject  of  the 
present  threatiiing  relations  of  the  Northern  and  Soutliern 
sections  of  the  United  States,  communicated  by  her  distin- 
guished Commissioder,  the  Hon.  William  Tj.  Harris. 

Resolved,  2d.  That  believing  as  we  do,  that  the  present 
crisis  in  our  national  affairs,  demands  resistance,  this  Gene- 
ral Assembly,  at  its  prescntsession, has,  with  great  unanimity, 
passed  '•  An  act  providing  for  the  call  of  a  Con^•ention  of 
the  people  of  Georgia,  to  assemble  on  the  16th  day  of 
January,  18()1,  for  the  jnirpose  of  determining  on  the  mode, 
measure  and  time  of  that  resistance. 

Resolved,  3d.  That  we  cordially  respond  to  the  patriotic 
hopes  of  Mississipi)i,  so  earnestly  expressed  by  her  Legis- 
lature, and  so  ably  comnnniicated  by  her  Commissioner,  and 
we  do  hereby  give  our  sister  State,  the  confident  assurance, 
that  in  our  judgmeid,  (^e(jrgia  will  prom])tly  co-operate  Avith 
her,  in  the  adoption  of  efficient  measures,  for  the  common 
defense,  safety,  aud  honor  of  the  South. 


201 

Resolved,  4tli.  Thai  ^<lioulcl  any,  or  all  of  the  Southern 
States  determine,  in  the  present  emergency,  to  Avithdraw 
from  the  Union,  and  resume  their  sovereignty,  it  is  tlic  sense 
of  this  General  Assembly,  llial  such  seceding  States  should 
form  a  Confederacy  inider  a  Republican  form  of  Govern- 
ment, and  to  that  end,  they  should  adopt  the  Constitution  of 
the  United  States,  so  altereti  and  amended  as  to  suit  the 
new  State  of  aftairs. 

Resoh'ed,  fjth.  That  wc  ilo  lu'reby  express  our  cordial 
appreciation  of  the  dignified  and  gentlemanly  bearing  of 
the  lloncralde  William  L.  Harris,  towards  the  General 
Assembly,  as  well  as  tlie  satisfiictory  manner  in  which  lie 
has  discharged  the  responsible  duties  of  hishigli  commission. 
Resolved  fnrdier.  That  His  Excellency  the  Governor  be, 
and  he  hereby  is  requested  to  cause  all  the  proceedings  in 
tlic  rccejjtion  of  tlie  Connnissioner  from  the  State  of  "Missis- 
sippi to  be  enr()llcd  on  parcliment.  signed  Ity  the  ollicers  of 
both  Houses  of  the  (.{(Mioral  Assembly,  and  l)y  the  Governor, 
with  the  seal  of  State  attached  tliereto,  and  that  the  same 
be  presented  by  him  to  the  Hon.  William  L.  Harris,  as  the 
respone  of  Georgia  to  the  friendlv  greeting  of  Mississippi. 

CHARLES  J.  Wn.LIAMS, 
Sjn'uker  of  ihe  House  of  Represeidafives. 
T.L.  GUERRY, 
President  of  ihe  Senate. 
Geo.  HiLLYKi;. 

Clerk  of  the  House  of  Representatives. 
Fred.  H.  West, 

Seerdortj  of  Ihe  Sen<(fe. 

JOSEPH  E.  BROAVX.   (Governor. 
Assented  to  December  IV),  1861. 


.MlLLEOGEVILLE.    G.\..    DCC.    17th.  iSfW). 

ToHox.  W.  L.  HARRIS. 

Commissioner  of  the  State  of  Mississiiti  : 
Dear  Sir: — The  niulei'signed  Committee,  appointed  by 
the  House  of  Re})resentatives  of  the  State  of  Georgia,  to 
solicit  of  you  a  copy  of  your  patriotic  Address,  delivered 
before  the  General  Assembly,  have  the  pleasure  to  conununi- 
cato  the  same  to  you,  with   tlie  liope  tliat  vou  will   comply 

c— 11  •  ■  ■  ' 


202 

with  our  reasonable  request.     We  have  ihc  honor  to  be 

vours,  with  considerations  ot  respect. 

W.  H.  PILCITER,  1 

J.  ^V.  BRINSOX.   '-  CommiUect'. 

WM.  Ginsox.     ) 


Mir.LEDOVlI.LK.    G.\..  I>CC.  17 th,  l^Ull. 

Gentle /iir/t: — Yours  ol"  this  date,  requesting,  on  behalf  ol' 
the  House  <A'  Representatives  oi  the  State  of  Georgia,  a 
copy  the  Address,  I  had  tlie  honor  to  deliver  this  day  jjefore 
the  General  Assembly,  is  bef(jre  me. 

1  will  place  the  desired  copy  at  your  disj)osal.  at  llie 
earliest  moment  in  ni}'  power. 

With  ii'rateful  feclinirs  to  the  distinguished  liodv  von  ren- 
resent,  for  the  compliment,  implied  in  their  resolution, 
I  am.  gentlemen, 

Verv  respectfullv,  your  oijcdiant  servaul. 

'  WILLIAM  L.  HARRL<. 
Messrs.  W.  H.  Pilcher.  J.  W.  Brinson,  AYm.  Gibson,  Com. 


ADDRESS. 

3fr.  President,  mal  j^entlemen  uf  t^eiatte  and  Huu.st  <//' 
Rejjtk'sentatwea  of  the  State  of  Georgia: — I  am  profoundly 
sensible  of  the  delicate  and  im])ortant  duty  imj^oscd  upon 
me,  by  the  courtesy  of  this  public  recei)tioii. 

Under  different  circumstances,  it  Avould  have  alVorded  nie 
great  pleasure,  as  a  native  Georgian — reai'cd  and  educated 
on  her  soil — to  express  1o  yoii  fully,  the  views  Avliich  pre- 
vail in  my  State,  in  relation  to  the  great  measures  of  deliver- 
ance and  relief  from  the  jjrincijdes  and  polic}-  of  the  ucav 
Adminstration,  Avliich  are  there  in  progress. 

I  cannot  consent,  however,  upon  tlie  very  heel  t)f  your 
arduous  and  exciting  session,  to  availniyself  of  your  respect- 
ful eourtesy  to  the  State  I  have  tlu.^  honor  to  )-e)>resent,  as 
well  as  youi-  pei-sonal  kindju.'ss  to  her  luunble  representative, 
to  prolong  the  discussion  of  a  subject  which,  however  impor- 
tant and  absorljing,  has,  <louIitless.  been  already  exhausted 
in  your  hearing,  by  some  of  th'"*  \\v<\  inb'lh-ci-'  of  vour  Sinto, 
if  not  of  the  nation. 


203 

-L  beg,  thcM-cfoiv,  to  rel'cr  you  lo  the  aetion  ol'  Mi.<rfis.-^ippi 
— already  fjubmitted  to  your  Executive — to  ask  for  licr  the 
sympathy  and  corO}ieration  ?;lio  seeks  for  the  common  good, 
and  Lrielly  to  suggest  to  you  some  of  tin'  motives  whicli  in 
liiienee  her  conduct. 

1  an)  instructed  l»y  ihr  rcMdulion  I'loni  a\  liidi  1  derive  m\ 
Hussion,  to  inform  the  State  of  (Icorgia.  that  Mississippi  has 
})asscd  an  act  calling  a  Convention  of  the  peo])le,  "  to  con- 
sider t]ie  i)rescnt  threatening  relations  of  the  Northern  and 
Southern  sections  of  the  Confederaey— {/^roraix/Zcf/  l»y  tin; 
recent  eleetion  of  a  President,  upon  ju-inciples  of  ho.stilitv 
to  the  States  of  the  South  :  and  to  expi-ess  the  cantcsf  hope 
of  Mississippi,  that  this  Stale  will  eo-operate  with  her  in 
the  adoj)tion  <tf  cfficicni  vicK.sdres  y*n-  llieir  common  defense 
iind  safety." 

It  Avill  he  reuKMnbered,  that  the  viohititni  of  our  constitu- 
tional rights,  ■\vliicli  has  caused  such  universal  dissatisfaction 
in  the  South,  is  iu)t  of  reccjit  date.  Ten  year.s  since,  this 
Union  was  rocked  from  centre  to  circumference,  by  the  very 
same  outrages,  of  which  vcc  now  complain,  only  now  ''  ag- 
gravated" by  the  recent  election.  Xothing  but  her  devo- 
tion.to  the  Union  om-  Fathers  made,  iiuluced  the  South, 
then,  to  yield  to  a  compromise,  in  whicli  Mr.  Clay  rightly 
said,  wo  had  yielded  everything  luit  our  honor.  We  had 
then  in  Mississippi  a  warm  contest.  avIwcIi  iiually  ended  in 
reluctant  acquiescence  in  the  Compromise  measures,  TIic 
North  pledged  anew  her  faith  to  yield  to  us  our  constitu- 
tional rights  in  relation  to  slave  property.  Tliey  are  now. 
and  have  lieen  ever  since  that  act,  denied  to  us,  until  lier 
broken  faith  and  impudent  threats,  had  become  abnost  in- 
snflfcrable  hforc  the  late  election. 

There  were  tliree  candidates  i)resentcd  to  the  Nortl)  by 
Soiirtheru  men,  all  of  whom  j-epreseuted  the  last  degree  of 
conservatism  and  concession,  Avhich  their  respective  parties 
were  willing  to  yield,  to  appease  the  fanaticism  of  the 
Xortli.  Some  of  them  were  scarcely  deemed  sound,  in  the 
South,  on  the  slavery  (piestion  and  none  of  tlTem  suited 
our  ultra  men.  And  yet  the  Nortli  rejected  them  all  ;  and 
tlieir  Knifed  voice,  both  Itefore  and  since  tlieir  overwhelming 
triumph  in  this  election,  lias  Ijcen  more  detiant  and  more 
intolerant  tlian  ever  before.  They  have  demanded,  and 
now  demand,  equality  l)etwcen  the  white  and  negro  races, 
under  our  Constitution  ;  equality  in  representation,  equality 
in  the  right  of  suifrage,  equality  in  the  honors  and  emolu- 
ments of  ofiice,  cqualitv  in  the  social  circle,  equality  in  the 
C— 42 


"  the  '«iic'ccpj;  fif  I3liick  tJqniblicaiiisnl  k  the  tfitimpli  of 
dnti-skvcry,''  "a  revolution  in  tli<^  ^nndoncios  (iftlio  •roVct'n^ 
mcnt  that  must  bo  cnrriod  «5nt:" 

To-day  our  L'ovorninont  slnnds /'//"//// /«  i'nh,iiniiiii<l,  in  il^^ 
main  rt'iitiir<'.-i.  andom-  ( "oiistilutinn  lu-nkcn  and  overturned. 
The  iitnv  adniinistration.  uliicli  lia>  rlVciicd  this  rt-vtilntion, 
only  awaits  the  4th  of  .Mai-ch  lor  iIm-  iiianiiiira(i<»;i  oPtlu' 
new  frovernniont.  the  new  jirinriph'.-.  and  the  new  policy, 
upon  the  sue<;e?:«  of  Avliidi  they  have  pi-oelainied  IVeedoni  to 
the  slave,  but  eternal  de^n-edation  for  you  and  for  us. 

Xo  revolution  was  ever  nu)re  complete,  thoniili  bloodless, 
if  you  will  tamely  j^uhmit  to  the  desti'uction  of  tliat  Constl- 
lution  ami  thai  Union  oui-  fathers  made. 

Our  fatiiers  made  this  a  ii-overnment  for  the  white  man, 
icj«'c-tiny-  the  ne^;ro.  as  an  if^norant.  inferior,  barbarian  race, 
incapable  of  self-government,  and  not.  therefore,  entitled 
to  be  associated  with  the  Avhite  man  u])on  terms  of  civil, 
political,  or  social  equality. 

The  new  administratian  comes  intf.i  power,  under  the 
solemn  pledge  to  overturn  and  strike  down  this  great  fea- 
ture of  our  Union,  witliout  which  it  would  never  have 
l)een  formed,  and  to  substitute  in  its  stead  their  new  theory 
of  the  universal  e(|uality  of  the  black  and  white  races. 

Our  fathers  secured  to  us,  by  our  Constitutional  Union, 
now  being  overturned  by  this  Black  Reimblican  rule,  pro- 
tection to  life,  liberty  and  ]iroperty,  o/l  aver  fhe  Union,  and 
wherever  its  flag  was  uidurled.  whether  on  land  or  sea. 

Under  tins  wretched,  lawless  spirit  and  policy,  now 
usurping  the  control  of  that  government,  citizens  of  the 
South  have  been  deprived  of  their  ]n-operty,  and  for  at- 
tempting to  seek  the  redress  ])romised  by  the  compromise 
laws,  have  lost  their  liberty  and  tlieir  lives. 

Equality  of  rights  secured  to  white  men,  in  equal  sover- 
eign States,  is  among  the  most  prominent  features  of  the 
Constitution  under  Avhich  we  hav(^  so  long  lived. 

This  equality  has  l)een  denied  us  in  tlic  South  for  years 
in  the  connnon  territories,  while  the  Xorth  has  virtually 
distrilmted  them  as  l»ounties  to  abolition  fanatics  and  foi-- 
eigners,  for  their  brigand  service  in  aiding  in  our  exclusion. 

Our  Constitution,  in  uinnistakal)le  language  guarantees 
the  return  of  our  fugitive  slaves.  Congress  has  recognized 
her  duty  in  this  respect,  l)y  enacting  pi'oper  laws  for  the 
enforcement  of  this  right. 


mti 


the  North  came  uudcr  rcne\?  rd  obligations  to  enforce  them, 
has  been  faithlessly  (lisrbgardf'd,  and  the  gOA'ernmeht  and  its? 
ofl&cers  sc't  at  defiance. 

Who  now  expects  these  i'ebels  ri^diiist  the  IttWs  passed  by 
their  own  consent  and  prdcnrenient — rebels  against  justice 
and  common  lirinesty — t(i  l)ecome  pious  patriots  hy  tlie  ac- 
quisition of  power?  Who  now  ex[)ects  Mr.  Lincoln  to  be- 
come conservative,  wlu^n  the  oidy  secret  of  his  success,  and 
the  oidy  foundation  of  his  authority,  is  the  Avill  and  com- 
mand of  tliat  roblter  clan,  Avhose  mere  instrument  he  is, 
who  have  n(•hie^■ed  this  revolution  in  our  government  by 
treading  under  their  unlmllowed  feet  our  Constitution  and 
litws  and  the  Tnion  of  our  fathers,  and  by  openly  defying 
high  heaven  liy  wilful  juid  corrupt  perjury? 

Ami,  above 'all,  avIio  is  it  hi  the  South,  born  or  descended 
(jf  Revolutionary  sires,  who  .so  loves  i^nchco^iqmiuj,  as  that  he 
will  long  lu^sitate  before  lie  can  obtain  the  consent  of  a  vir- 
tuous and  ])atriotic  heart  and  conscience  to  separate  from 
them  forcirr? 

Mississippi  is  lirinly  ('fiiivinccd  ihal  there  is  but  one  alter- 
native : 

This  new  union  with  Lincoln  Black  Republicans  and  fi-ee 
negroes,  inthnnf  do.rery ;  or,  slavery  under  our  old  constitu- 
tional Ijond  of  union,  mthout  Lincoln  Black  Republicans,  of 
free  negroes  either,  to  mole,st  us. 

If  we  take  the  former,  then  sulunission  to  negro  equality 
is  our  fate.  If  the  latter,  th(>n  .scccs-.s-ton  is  inevitable — each 
State  for  itself  and  by  itself,  but  with  a  view  to  the  imme- 
diate formation  of  a  Southern  Confederacy,  under  our  pre- 
sent Constitution,  l)y  such  of  the  slaveholding  States  as 
shall  agree  in  their  Conventions  to  unite  with  us. 

Mississippi  seeks  no  delay — the  issue  is  not  new  to  her 
])Cople.  They  have  long  and  anxiously  watched  its  ap- 
proach— they  think  it  too  late,  now.  to  negotiate  more  com- 
])romises  with  brankrupts  in  })olitical  integ-rity  whose  recre- 
ancy to  justice,  good  faith  and  constitutional  obligations  is 
the  most  cherished  featuce  of  their  political  organization. 

She  has  exhausted  her  rights  in  sacrificial  offerings  to 
save  the  Union,  until  nearly  all  is  lost  but  her  honor  and 
the  courage  to  defend  it.  She  has  tried  conventions  until 
they  have  become  the  ridicule  of  both  om'  friends  and  our 
enemies — mere  instruments  of  fraudulent  evasion  and  delay, 
to  wear  out  the  spirit  of  our  people  and  encourage  the 


206 

hopes  of  our  common  enemy.  In  sliort,  she  is  sick  and 
lired  of  the  North,  and  pants  for  somo  rospito  from  eternal 
disturbance  and  disquiet. 

She  comes  now  to  you. — our  ffhirious  old  mother, — the 
land  of  Baldwin,  who  tirst  detiontly  asserted  and  preserved 
your  riirhts  as  to  slavery,  in  the  Federal  Convention,  in  oppo- 
sition to  Messrs.  Madison,  Mason,  and  Randolph,  and  the 
whole  Union  exce])t  tho  two  Carolinas. — the  land  of  Jack- 
son, who  innnortalized  himself  by  his  bold  exposure  and 
succ€.s.sful  overthrow  of  a  leirislative  fraud  and  usurpation 
upon  the  rights  of  the  people, — the  land  of  Troup,  the 
sternest  Roman  of  them  all,  who,  sinirle-handed  and  alone, 
without  co-operation,  without  consultation,  but  with  truth 
and  justice,  and  the  courage  of  freemen  at  honu'  on  his  side, 
defied  this  National  Government  in  its  usurpation  on  the 
rights  of  Georgia,  and  executed  your  laAvs  in  spite  of  the 
threats  of  Federal  coercion.  It  is  to  you  we  come, — the 
brightest  exemplar  among  the  advoetites  and  defenders  of 
States  rights  and  State  remedies, — to  take  counsel  and  solicit 
sjTopathy  in  this  hour  of  our  common  trial. 

/  ask  yoi',  sliall  .Mississippi  folloio  in  (lie  foofsti/)s  of 
Georgia,  when  Jed  by  her  gal/anf  Tronp?  Or,  is  it  reserved 
for  thi^generatiou  to  repudiate  and  expunge  the  lirightest 
page  in  the  history  of  my  native  State?  Tmpossil>le !  God 
forbid  it!  Forbid  it,  ye  people  of  all  Northern  and 
Western  Georgia,  who,  to-day,  o.no  your  existence  and 
unparalleled  prosperity  to  the  maintenance  of  your  rights  at 
the  risk  of  civil  war. 

I  see  around  me  some  gallant  s]»irits  who  l^ore  their  share 
in  the  dangers,  and  now  wear  with  honor,  here  to-day  in  this 
Hall  the  laurels  won  on  the  side  of  their  State,  under  the 
banner,  inscribed  "  Troup  and  the  treaty"  in  that  memorable 
struggle.  Need  I  appeal  to  them  in  behalf  of  my  adopted 
State,  to  know  on  what  side  they  will  range  themselves  in 
this  struggle  of  right,  against  usiu'pation,  of  brute  force, 
against  the  Constitutional  rights  of  a  sister  of  this  con- 
federacy of  equal  States?  I  make  no  such  appeal  ;  T  know 
where  you  stand.  To  doubt  it  would  be  to  offer  you  the 
grossest  insult. 

In  this  school  of  old  republican  orthodoxy,  I  drew  my 
first  breath.  It  was  here,  I  first  studied,  then  embraced, 
and  next  feebly  advocated  the  principles  of  State  Rights  and 
State  remedies  of  resistance  to  tyranny — of  the  supremacy 
and  sovereignty  of  the  peo})le  of  a  State,  and  the  subservi- 
ency of  governments  to  their  peace  and  happiness  and  safe- 


207 

ty.  Theso  principles  will  descend  with  mc  to  the  grave, 
where  this  frail  tenement  of  dust  must  perish,  but  they  will 
live  on  with  time,  and  only  perish  when  tyranny  shall  be  no 
more. 

I  need  not  remind  your  great  State,  that  thousands  and 
thousands  of  her  sons  and  daughters,  who  have  sought  and 
found  happy  homes  and  prosperous  fortunes  in  the  distant 
forests  of  her  old  colonial  domain,  though  now  adopted 
children  of  Mississippi,  still  cling  with  the  fond  embrace  of 
filial  love  to  this  old  mother  of  States  and  of  statesmen,  from 
whom  both  they  and  their  adopted  iStatc  derive  their  ori- 
gin. It  will  be  difficult  for  such  to  conceive,  that  they  arc 
not  still  the  objects  of  your  kind  solicitude  and  maternal 
sympathy. 

Mississippi  indulges  the  nwat  c<)njident  expectation  and 
belief,  founded  on  sources  of  information  she  cannot  doubt, 
as  well  as  on  the  existence  of  causes,  operating  upon  them, 
alike  as  upon  her.  that  every  otlier  Gulf  State  will  stand  by 
her  side  in  defense  of  the  position  she  is  about  to  assume  ; 
and  she  would  reproach  herself,  and  euery  Georgia  sou 
within  her  limits,  would  swell  with  indignation,  if  she  hesi- 
tated to  believe  that  Georgia  too,  would  blend  her  fate  with 
her  natural  friends ;  her  sons  and  daughters — her  neighbor- 
ing sisters  in  the  impending  struggle. 

VVhatevc*  may  be  the  result  of  your  deliberations,  I  beg- 
to  assure  her  from  my  intimate  knowledge  of  the  sipirit  and 
affections  of  our  ])Cople,  that  no  enemy  to  her  constitutional 
rights,  may  consider  his  victory  won,  while  a  Mississippian 
lives  to  prolong  the  contest.  Sink  or  swim,  live  or  die,  sur- 
vive or  perish,  tlie  part  of  Mississippi  is  chosen,  she  tuill  never 
submit  to  the  principles  and  policy  of  this  Black  Republican 
Administration. 

She  Iiad  rather  see  the  last  of  licr  race,  men,  Avomen  and 
children,  immolated  in  one  common  funeral  pile,  than  sec 
them  sulijectcd  to  the  degradation  of  civil,  political  and 
social  equality  with  the  negro  race. 


208 
[DOCUMENT  J. I 

A   D  I)  U  K  S  S      ()  F 

FULTON  ANDERSON,  ESQ., 

Commissioner  of  Musaissippi, 

Before  the   Couventioii  of  YirLrinia,  in   the  City  of  Rich- 
inond.  Fcl)ruary  18.  1801. 

Gentlemen  of  the  Convention : — Honored  by  the  Goveni- 
ment  of  Mississippi  with  her  commission  to  invite  your  co- 
operation in  the  measures  she  has  been  compelled  to  adopt 
for  the  vindication  of  her  rights  and  her  honor  in  the  pre- 
sent perilous  crisis  of  the  country,  1  desire  to  express  to 
you,  in  the  name  and  behalf  of  her  jteople,  the  sentiments 
of  esteem  and  admiration  which  they  in  common  with  the 
whole  Southern  people  entertain  for  the  character  and  fame 
of  this  ancient  and  renowned  Commonwealth. 

Born  under  the  same  confederated  government  with  your- 
selves, and  ])artici])ating  in  the  common  inheritance  of  Con- 
stitutional liberty  in  the  achievement  of  whick  your  ances- 
tors played  so  distinguished  a  part,  we  take  as  umch  of 
l)rido  and  pleasure  as  you,  her  native  son?,  in  the  great 
achievements  and  still  greater  sacrilices  which  you  liavc 
made  in  the  cause  of  the  common  government,  which  has  in 
the  past  united  them  to  you  ;  and  nothing  which  concern-^ 
your  honor  and  dignity  in  the  future  can  fail  to  enlist  our 
deepest  symj^atliies.  In  recurring  to  our  past  history  we 
recognize  the  State  of  Virginia  in  the  first  great  struggle 
for  independence  ;  foremost  not  only  in  the  vindication  of 
her  own  rights,  but  in  the  assertion  and  defence  of  the  en- 
dangered liberties  of  her  sister  colonies;  and  by  the  (elo- 
quence of  her  orators  and  statesmen,  as  well  as  by  the  cour- 
age of  her  i)eople,  arousing  the  whole  American  people  in 
resistance  to  British  aggression.  And  when  the  common 
cause  had  been  crowned  with  victory  under  her  great  war- 
rior-statesman, we  recognize  her  also  as  the  leader  in  that 
great  work  by  whicJi  the  emancipated  colonies  were  united 
under  a  written  Constitution,  which  for  the  greater  part  of 
a  century  has  l)een  the  source  of  unexampled  progress  in  all 
that  constitutes  the  greatness  and  the  happiness  of  nations  ; 
nor  do  we  forget  that  that  progress  has  been  due  in  a  pre- 
eminent degree  to  the  munificent  generosity  of  Virginia,  in 


209 

donating  as  a  free  gift  to  her  country,  tliat  vast  territory 
north-west  of  the  Ohio  river,  which  her  arms  alone  had 
conquered,  and  which  now  constitutes  tlie  seat  of  enij^ire, 
and,  ahas,  too,  the  seat  of  that  irresistible  power,  which  now 
erects  its  haughty  crest  in  dciiance  and  hostility,  and  threat- 
ens tlie  destruction  of  the  honor  and  the  prosperity  of  this 
great  State. 

I  desire  also  to  say  to  you,  geutleinen.  that  in  being  com- 
pelled to  sever  our  connexion  with  tlie  government  which 
has  hitherto  united  us.  the  hope  which  lies  nearest  to  our 
hearts  is  that,  at  no  distant  day,  we  may  be  again  joined 
with  you  in  another  Union,  which  shall  sjiring  into  life  under 
more  favorable  omens  and  with  happier  auspices  than  ac- 
companied that  which  has  passed  away  ;  and  if,  in  the  un- 
certain future  which  lies  before  us,  that  hope  shall  be  des- 
tined to  disappointment,  it  will  be  the  source  of  enduring 
sorrow  and  regret  tu  us  that  we  can  no  more  hail  the  glori- 
ous soil  of  Virginia  as  a  part  of  our  common  country,  nor 
her  brave  and  generous  people  iis  our  fellow-citizens. 

Fully  jiarticipating  in  these  sentiments  myself,  it  is  with 
pride  and  pleasure  that  I  accepted  the  connnission  of  my 
btate  for  the  purposes  1  have  indicated.  Though,  when  ] 
consider  the  gravity  of  the  occasion,  the  high  interests  which 
are  involved,  and  the  influence  which  your  deliberations  are 
to  have  upon  the  deslinie-;  of  present  and  future  generations, 
I  confess  my  regivl  that  the  cause  on  \s'hich  1  am  come  has 
not  been  entrusied  to  abler  and  worthiei-  hands. 

In  setting  forth  to  you.  gentlemen,  the  action  of  my  State 
and  the  causes  which  induced  it,  J  shall  be  compelled  to 
speak  in  terms  of  condemnation  of  a  large  portion  of  what 
has  hitherto  been  our  common  country  ;  but  in  doing  so.  I 
wish  to  be  imderstood  as  exce]»ting  from  whatever  terms  of 
censure  i  may  employ,  that  large  body  of]»atriotic  and 
conservative  men  of  the  Northern  section,  who  have,  in  all 
our  struggles,  manfully  defended  the  constitutioiuU  rights  of 
our  section.  For  them,  tlie  peojde  of  my  State,  have  nu 
cause  of  complaint,  and  whatever  the  future  may  bring  forth, 
we  shall  ever  remember  their  eftbrts  in  behalf  of  the  Consti- 
tution and  Union,  as  we  received  them  froin  their  ancestors 
and  ours,  with  admiration  and  gratitude.  Our  grievances 
are  not  from  them.  Imt  from  the  dominant  faction  of  thf^ 
North  which  has  ti-ampled  them  under  foot  and  now  strikes 
at  us  from  the  elevation  it  has  obtained  upon  the  prostrate 
bodies  of  our  friends. 

1  propose,  gentlemen,  in  discharge  of  my  mission  to  you, 


210  ' 

briefly  to  invite  your  attontion  to  a  review  of  the  events 
whicli  have  tran.-pirod  in  Mississippi  since  the  fatal  day  -when 
that  sectional  Xorthorn  ]iarty  triunijihcd  over  the  Constitu- 
tion find  I'nion  at  th<'  recent  ehvtion,  and  afterwards  to  the 
causes  wliieli  have  induced  the  action  of  my  State. 

On  the  'JWtli  of  XovenduM"  last,  the  Legislature  of  Missis- 
sippi, by  an  unanimous  vote,  called  a  convention  of  hei- 
people,  to  take  into  consideration  the  existing  relations 
lietween  tlie  Federal  (Tovernment  and  heiself,  and  to  take 
such  measures  for  the  vindication,  of  her  sovereignty  and 
the  protection  of  her  institutions  as  should  appear  to  be  de- 
manded. At  the  same  time,  a  preamble,  setting  forth  the 
grievances  of  tlie  Southern  people  on  the  slavery  question, 
and  a  resolution,  declaring  that  the  secession  of  every 
aggrieved  State,  was  the  proper  remedy,  was  adopted  by  a 
vote  almost  amounting  to  unanimity.  The  last  clau.'^e  of  the 
preamble  and  resolution,  arc  as  follows : 

•'Whereas,  they  (the  people  of  the  non-.slaveholding  States; 
have  elected  a  majority  of  electors  for  President  and  Vice- 
President,  on  the  ground  that  there  exists  an  irreconcilabh^ 
conflict  l)etwecn  the  two  sections  of  the  Confederacy,  in 
reference  to  their  respective  systems  uf  labor,  and  in  pursu- 
ance of  their  hostilit}^  to  us,  and  our  institutions,  have  thus 
declared  to  the  civilized  worhl  that  the  powers  of  the  gov- 
ernment are  to  Ijc  used  for  the  dislionor  and  overthrow  of 
the  Southei-n  section  of  this  great  Confedcracv.  Therefore, 
be  it 

''Raoh^ed,  by  the  Legislature  of  the  Slate  of  Mississippi, 
That  in  the  opinion  of  those  who  constitute  said  Legi-slature, 
the  secession  of  each  aggrieved  State  is  the  proper  remedy 
for  these  injuries.'* 

On  the  day  fixed  for  the  meeting  of  the  Convention,  that 
body  convened' in  Jackson,  and  on  the  9th  of  January,  186L 
proceeded  to  the  adoption  of  an  ordinance  of  secession  from 
tlie  Federal  Union.  l)y  whicli  the  State  of  Mississippi  Avith- 
drew  fi'om  the  Federal  Government  the  powers  theretofore 
confided  to  it,  and  assumed  an  independent  position  among 
the  powers  of  the  earth  :  determined  thenceforth  to  hold  the 
people  of  the  non-slaveholding  section  of  the  late  confedera- 
cy as  slie  holds  the  l)ahin('C  of  mankind  :  enemies  in  war,  and 
in  peace  friends.  But  at  the  same  time,  and  by  the  same 
ordinance,  it  was  provided  "that  the  State  of  Mississippi 
hereby  gives  lier  cfmsent  to  form  a  Federal  Union  Avith  such 
of  the  States  as  may  have  seceded,  or  may  secede,  from  the 
Union  of  the  United  States  of  America,  upon  the  basis  of  the 
present  Constitution  of  the  T"''nited  States.'' 


211 

Thia  action  of  the  C.'ivcntion  of  Mississippi,  gentlemen  of 
the  Convention,  was  ilie  inevitable  result  of  the  position 
which  she.  with  other  slavelioltini!f  States,  had  already  taken, 
in  view  of  the  anticipalcd  resuK  of  the  i-cciMit  Presidential 
election,  and  ninst  have  Vieen  furesecn  liy  every  intellitrent 
observer  of  the  progresn  of  events. 

As  early  as  the  it>th  pf  February,  18G1I.  her  LegislaiuiT 
had,  with  the  cfeneral  ap]>rohation  of  hev  peoj)1e,  a(h->ptod  the 
Ibllowincr  resohition  : 

Resolved.  That  the  election  of  a  Pi-esidt-nl  of  the  Initod 
States  bv  the  votes  of  one  section  of  the  rnit)n  (tnly,  on  tiie 
ground  that  there  exists  an  irrcpressililc  coiiHict  between 
the  two  sections  in  reference  to  tlicir  respective  systems  of 
labor  and  with  an  avowed  purpose  of  hostility  to  the  insti- 
tution of  shivery,  as  it  exists  in  the  Southern  States,  and  as 
recogni7.ed  in  the  compact  of  Union,  wonhl  so  threaten  a 
destruction  of  the  .-nds  for  which  the  ('onstitution  was  formed 
as  justifv  th(;  slaveholdinc^  States  in  takiniz'  eounsel  tOi>ether 
tor  their  -(^parate  protection  and  satety." 

Thus  wa<  the  jrround  taken,  not  only  l)y  .\Iis.sissi])j)i.  but 
liy  other  shivcholdintr  States,  in  vi(^w  of  the  then  threatened 
purpose,  of  a  party  foinided  u])on  the  idea  ol  iinreh'ntin<r  and 
eternal  hostility  to  the  institution  of  slavery,  to  take  posses- 
sion of  the  Oovernment  and  use  it  to  our  destruction.  It 
cannot,  therefore,  be  prelnnded  that  the  Northern  people  did 
not  have  ample  warning  of  the  disastrous  and  fatal  conse- 
f|ucnces  that  would  fobo^v  tlip  success  of  tliat  party  in  the 
election,  and  impartial  history  will  embla/iMi  ii  to  future 
jrenerations,  that  it  was  their  folly,  their  reeklessn<!ss  and 
their  ambition,  not  ours,  which  shattered  into  ]»ieces  this 
great  confederated  government,  and  destroyed  this  great 
temple  of  constitutional  liberty  whicli  their  ancestors  and 
outv  erected,  in  the  hope  that  their  'lescendants  might  to- 
gether worship  beneath  its  roof  as  long  as  time  would  last. 

But,  in  defiance  of  the  warninii-  thus  given  and  of  tlie  evi- 
detices  accumulated  from  a  thousand  otlier  sources,  that  the 
Southern  pwplc  would  never  submit  to  the  degradation  im- 
plied in  the  result  of  such  an  election,  tliat  sectional  party, 
l)ounded  by  a  geographical  line  which  excluded  it  from  the 
possibility  of  obtaining  a  single  electoral  vote  in  the  South- 
ern States,  avowing  for  its  sentiment  im]ilacable  hatred  to 
us,  and  for  its  policy  the  destruction  of  our  institutions. 
a{)pealing  to  Northern  prejudice.  Northern  i)assions.  North- 
ern ambition  and  Northern  hatred  of  us.  for   success,   and 


li) 


i 


di"!!  j?kJi?!f!,pvuc<?pd«?ilfq  thi'  tioniltiatioli  df  ttedndifkie  ibi'  ik 
pi*esidency'wlio.  tlidugh  not  the  most  cdn5))iciious  personage 
in  its  ranH?;,  wa-s  yet  tlio  triiest  rcpresentativo  of  its  destriio- 
tivo  j)riiici))]o.'^.  • 

The  steps  In'  uliieli  ii  proposod  lu  olVi-ei  its  jmrposes,  the 
ultimate  extinct  ion  of  shivery,  ami  the  (i<\Qi-aUntion  of  tlie 
Soutliern  ]ii'(»))le.  are  loo  raniiliai"  tn  vejiuirc  more  than  a 
passinix  alhisiou  from  me. 

Under  the  false  pretenee  of  re.-.lorin^-  the  liovcniment  to 
the  orig'inal  principles  of  its  fomulers,  but  in  defiauee  and 
contempt  of  those  ]»rineiples.  it  avoAved  its  ])ur])ose  to  take 
possession  of  every  dej)artment  of  power,  executive,  legisla- 
tivo  and  judicial,  to  emjiloy  them  in  hostility  to  our  institu- 
tions. By  a  c()rrn])t  exercise  of  the  [lower  of  ap])ointment 
to  oftice.  it  jtroposed  to  pervert  the  judicial  )wwer  from  its 
true  end  and  ])urposc.  that  of  defending:  and  preservin<r  the 
(.Constitution,  to  be  the  willing  instrument  of  its  purposes  of 
wrong  and  oppre.ssion.  In  the  meantime  it  pi-oposed  to  dis- 
regard the  decisions  of  that  august  tribunal,  and  by  the  ex- 
ertion of  barefaced  power,  to  exclude  slavery  from  the  pub- 
lic Territory,  the  common  property  of  all  the  States,  and  to 
abolish  the  internal  slave  trade  l)etween  the  States  acknowl- 
edging the  legality  of  that  institution, 

Jt  proposed  further  to  abolish  slavery  in  the  District  of 
Columbia,  ami  in  all  places  within  the  Territory  of  the  sev- 
eral States,  suJTJect  under  the  Constitution  to  the  jurisdiction 
of  Congress,  and  to  refuse  hereafter  under  all  eirctuustances, 
admission  into  the  Union  of  any  State  with  a  Constitution 
recognizing  the  institution  of  slavery. 

Having  thus  placc^l  the  institution  of  slavery,  upon  which 
rests  not  only  the  whole  wealth  of  the  Soutliern  people,  but 
their  very  social  and  political  existence,  under  the  condem- 
natio}!  of  a  government  established  for  the  common  benefit, 
it  proposed  in  the  future,  to  encourage  inmiigration  into  the 
public  Territory,  by  giving  the  pul)lic  land  to  immigrant 
settlers,  so  as,  within  a  In'ief  time,  to  bring  into  the  Union 
free  States  enough  to  enable  it  to  al)olish  slavery  within  the 
States  themselves. 

I  have  but  stated  generally  the  outline  and  the  general 
programme  of  the  party  to  which  1  allude  without  entering 
into  particular  details  or  endeavoring  to  specify  the  various 
forms  of  attack,  which  have  been  devised  and  suggested  by 
the  leaders  of  that  party  npon  our  institutions. 

That  this  general  statement  of  its  purposes  is  a  truthful 


sUiS 


"It  is  my  opinion,"  says  Mr.  Linedln,  ''that  the  slavery 
agitation  Mill  not  cease  until  a  crisis  shall  have  been  reached 
and  passed.  A  house  divided  a.e:ainst  itself  cannot  stand.  I 
believe  this  ji:overunient  cannot  endin-e  pernuinently,  half 
slave  and  half  free.  I  do  not  expect  the  house  to  fall,  but  1 
expect  it  to  cease  to  lie  divided,  it  \vill  become  all  one 
tiling  or  all  another.  Eitlier  the  opponents  of  slavery  will 
arrest  its  further  sjn-ead  and  place  it  -where  the  puldic  mind 
shall  rest  in  the  l)ebef  that  it  is  in  the  course  of  idtimatc  ex- 
tinction, or  its  advocates  Avill  push  it  forward  until  it  shall 
become  alike  lawful  in  all  tlie  States — old  as  -well  as  new. 
North  as  Avell  as  South.'' 

The  party  tlins  ora-ani/.ed  on  t!ie  ]>rincipU^  of  liostiHty  to 
our  fmulaniental  iustitutions.  and  upon  the  avowed  ])olicy  of 
their  destruction,  with  a  candidate  thus  ]-e])resentiug  that 
princijdc  and  policy,  has  succeeded  in  the  Presidential  elec- 
tion, by  obtaining  a  large  majority  of  the  votes  of  the  ])eo}»le 
of  the  non-slaveholding  States,  and  on  the  4t]i  of  March  next, 
would,  unless  ])rcvented,  have  taken  possession  of  the  power 
and  patronage  of  our  comnum  government  to  wield  them  to 
our  destruction.  In  contemptuous  disregard  of  the  principle 
on  which  that  government  was  founded,  and  received  our 
assent,  to  insure  domestic  tranquility,  promote  the  general 
welfare,  and,  within  the  limit  of  its  constitutional  power,  to 
exercise  a  fostering  and  paternal  care  over  every  interest  of 
every  section,  it  was  to  become  our  foe  and  our  oppressor, 
and  never  to  pause  in  its  career  of  hostility  and  opi)rcssion 
until  oiu'  dearest  right.^,  as  well  as  our  honor,  were  crushed 
beneath  its  iron  heel. 

We,  the  decendants  of  the  leaders  of  that  illustrious  race 
of  men  who  achieved  our  independence  and  established  our 
institutions,  were  to  become  a  degraded  and  a  subject  class 
under  that  government  which  our  fathers  created  to  secure 
the  equality  of  all  the  States — to  bend  our  necks  to  the  yoke 
which  a  false  fanaticism  had  ])re})ared  for  them,  to  hold  our 
rights  and  our  ])roperty  at  the  sufferance  of  our  foes,  and  to 
accept  whatever  tliey  might  choose  to  leave  as  a  free  gift  at 
the  hands  of  an  irrepressible  jiower,  and  not  as  the  measure 
of  our  constitutional  rights. 

All  this,  gentlemen,  we  were  expected  to  submit  to,  under 
the  fond  illusion  that  at  some  future  day,  when  our  enemies 
had  us  in  their  [jower,  they  Avould  relent  in  their  hostility  ; 


•214 

that  faiialici?in  wuulJ  |»auso  in  its  caroor  witiiuiit  Jiaviug  ai.- 
ooinplished  its  i)urpo?e  ;  that  the  f^pirit  of  opj)rc5?ion  woulil 
be  exercised,  and.  in  the  liour  of  its  triumph.  Avouhi  (h-op  it.> 
weapons  from  its  hands,  and  cea.se  to  wound  its  vii-tini.  Wf 
were  expected,  in  the  laiii:uaii"t'  of  voui-  own  inspired  oratoj*. 
to  "induliie  in  the  fond  ilhi.-ions  of  hope  :  to  shut  our  eyes 
tu  the  painful  truth,  ami  listen  to  ihr  sontr  of  that  ,-yien  uutil 
it  transformed  us  into  lifa,sts." 

But  we  in  the  i>tatc  of  Mississij>iii  arc  no  h)n,f!:er  imder  that 
illusion.  Hope  has  died  in  our  hearts.  It  received  it^; 
death-l)h>w  at  the  fatal  liallot-lio\  in  Xovi'iiiher  last,  and  the 
son^  of  the  syien  no  Ioniser  sounds  in  our  ears.  AVe  have 
thouglit  lonu'  and  maturely  upon  this  .-^ubject,  and  we  have 
made  uji  our  minds  as  to  the  course  we  should  adopt.  We 
ask  no  eom]tromise  and  we  want  none.  We  know  that  we 
should  not  j^et  it  if  we  were  base  enoufih  to  desire  it,  and  we 
have  made  the  irrevocable  restdvr  to  take  our  interCjSts  into 
our  own  kec]»in;jc. 

I  have  already  said  that  twelve  montlis  since  the  State  of 
Mississii>pi,  in  coiniexion  with  other  slaveholding  States,  had 
taken  a  jjosition,  in  anticipation  of  the  result  t)f  the  recent 
Presidential  electioji,  from  which  they  could  not  recede  if 
I  hey  were  base  enough  to  desire  it.  1  shall  be  pardoned  by 
you,  1  trust,  for  adding  that  an  event,  of  then  recent  occur- 
rence, which  deeply  concerned  the  honor  and  the  dignity  of 
A'irginia.  exercised  a  controlling  influence  in  consolidating 
tilt?  Soutlieiji  mind  on  this  subject.  Whcm  the  exasperation 
was  at  the  liighest.  wliieli  had  been  caused  by  the  long  and 
weary  struggle  which  the  Southerji  peo}»le  had  been  com- 
pelled to  make  in  defence  of  their  institutions,  the  daring 
outrage  on  your  soil,  to  which  I  allude,  w  as  perpetrated. 

This  State,  relying  on  the  faith  of  constitutional  obliga- 
iions  and  of  those  friendly  relations  which  they  were  created 
to  uphold  and  maintain,  unconscious  herself  of  any  senti- 
ment less  nol>le  than  that  of  nuwavciing  loyalty  to  her 
constitutional  oldigations,  and,  therelbre, wholly  unsusjncious 
')fany  treasonable  design  against  her  own  peace  and  wel- 
fare, was,  in  a  moment  of  fancied  repose,  in  a  time  of  pro- 
foimd  peace,  to  her  own  amazement  and  that  of  the  whole 
Southern  j)eople,  made  the  scetie  of  a  foray  by  a  band  of 
conspirators  ami  traitors  from  the  Noj-Lhern  States,  whose 
purpose  was  to  light  up  the  fires  of  a  servile  insurrection, 
and  to  give  your  dwellings  to  the  torch  of  the  incendiary 
and  your  wives  and  children  to  the  knives  of  assassins.  The 
disgraceful  attempt,  it  is  true,  ended  in  ignominious  failure. 


215 

True  that  }'Our  ylaves  proved  loyal,  and  liy  a  prompt  ex- 
ecution of  your  laws  you  vindicated  your  dignity  and  exac- 
ted from  the  wretehc'd  criminals  the  just  forfeiture  of  their 
lives.  But  the  event  had,  nevertheless,  a  terril)le  signiiicauoe 
in  the  minds  of  the  Southern  ])eople.  It  was  justly  consid- 
ered as  the  necessary  and  logical  result  of  the  princi])les. 
l.»oldly  and  recklessly  avowed  by  the  sectional  jmrty  which 
was  then  gras]iing  at  the  reins  of  government  and  which  i.- 
now  aliout  to  l.»c  inaugurated  into  power. 

Let  it  not  lie  supposed  that  I  refrr  to  (his  «Hsgraceful 
event  with  a  desire  to  stir  up  a  spirit  of  hostility  or  revenge, 
or  to  re-awaken  those  sentiments  of  just  indignation  which 
the  fact  is  so  well  calculated  to  excite.  1  refer  to  it  as  a 
necessary  and  legitimate  result  of  the  irrepressiljle  conflict 
which  has  been  proclaimed,  of  which  the  President  elect 
gave  a  true  exposition  when  lie  said  "There  is  a  judgment 
and  a  conscience  at  the  North  against  slavery,  which  nmst 
find  an  outlet  either  through  the  jx-acefid  channel  of  the 
Ijallot-box  or  in  the  multiplication  of  .lolm  Brown  raids."  1 
refer  to  it  as  a  warning  to  tlie  i)eo])le  of  the  Southern  States, 
and  to  you  the  people  of  Virginia,  of  what  they  and  you 
are  to  expect  in  the  future  Mhen  t;liat  party,  whose  principles 
thus  give  encouragement,  aid  and  comfort  to  felons  and 
traitors,  shall  have  firmly  established  its  dominion  over  you. 

These  are  some  of  the  causes,  gentlemen,  ■s\hich  have  at 
last  convinced  the  people  of  Mississip]ii  that  the  hour  has 
arrived  when  if  I  ho  South  Avould  maintain  her  lionor.  slie 
must  take  her  own  destiny  into  her  own  hands;  but  let  it 
not  be  supposed  that  they  have  not  always  felt  a  strong 
attachment  to  the  Union  of  the  Constitution,  provided,  that 
instrument  could  be  administered  in  the  spirit  in  which  it 
was  created.  That  form  of  (Tovernment,  (Ui  the  contrary, 
is  dear  to  their  Jiearts.  and  its  necessity  to  them  and  their 
posterity  has  received  the  sanction  of  their  judgment.  Lov- 
ing it  not  wisely,  but  too  well,  they  have  clung  .to  it  long 
after  its  obligations  were  abandoned  ).)y  those  who  were  the 
chief  recipients  of  its  bcmcfits,  midcr  the  fond  illusion  that  a 
returning  sense  of  justice  and  a  restoration  of  fraternal 
relations  foi'merly  existing,  woidd  secure  to  them  their  rights. 
They  long  and  vainly  hoped  that  the  time  would  again 
return,  when  each  and  every  section  of  the  Confederacy 
would  recogiii/.e  the  rights  and  interests  of  all,  and  that  ^yv 
might  in  harmony  with  each  othev  have  continued  to  rejoice 
over  what  had  been  achieved  of  glory  and  prosperity  in  the 
past,  and  to  look   forward  with  imited   hope  to  the  bright 


216 

and  glorious  prospect  "wliicli  an  olr^ervanco  (^1'  the  principles 
of  the  Constitution  pronii.<cd  in  tlie  lutuj-e. 

Alas,  how  has  tliat  liopc  heen  di?ai)pointcd  :  how  has  that 
illusion  been  disi)clled ! 

Could  we  think  that  the  crisis  which  is  now  upon  ns  was 
but  a  temporary  ebulition  of  temper  in  one  section  of  the 
country,  which  would  in  a  brief  time  subside,  wc  might  even 
yet  believe  that  all  was  not  lost,  and  that  we  might  yet  rest 
securely  under  the  shadow  of  tlie  Constitution.  But  the 
stern  truth  of  history,  if  we  accept  its  teachings,  forbids  us 
such  rctlcctions.  It  is  not  to  lie  denied  that  the  sentiment 
of  hatred  to  our  institutions  in  the  Northern  section  of  the 
Confederacy  is  the  slow  and  mature  growth  of  many  years 
of  false  teaching,  and  that  as  wc  have  receded  furtlier  and 
further  from  the  earlier  and  ])urer  days  of  the  Republic,  and 
from  the  nunnory  of  associated  toils  and  perils  in  the  com- 
mon cause  which  once  united  us,  that  sentiment  of  liatred 
has  been  fanned  from  a  small  S])avk  into  a  mighty  coidlagra- 
tion,  whose  unexlinguishablo  and  devourfiig  flames  are  re- 
ducing our  empire  into  ashes. 

Ere  yet  that  generation  which  achieved  our  liberty  had 
passed  entirely  from  tlie  scene  of  action,  it  manifested  itself 
in  the  Missouri  controversy.  Thcii  were  heanl  the  first 
sounds  of  that  fatal  strilY'  whicli  has  raged,  witli  occasional 
intermissions,  down  to  tliis  hour.  And  so  ominous  was  it  of 
future  disaster,  even  in  its  origin,  that  it  filled  even  the 
sedate  soul  of  Mr.  Jeflerson  with  alarm;  he  did  not  hesitate 
to  pronounce  it,  even  then,  as  the  death  knell  of  the  Union, 
and  in  mournful  and  memorable  words  to  congratulate  him- 
self that  he  sliould  not  survive  to  witness  the  calamities  he 
lu-edicted.     Said  he: 

"  This  momentous  question,  like  a  fire-bell  in  the  night, 
awakcncfl  and  filled  me  with  terror.  I  considered  it  at  once 
as  the  kneil  of  the  Union.  It  is  hushed,  indeed,  for  the 
present.  Inii  that  is  only  a  rejn'ieve,  not  a  final  sentence.  A 
geographical  line,  coinciding  with  a  marked  principle,  moral 
and  political,  once  concurred*  in  and  held  up  to  the  ])assious 
of  men.  will  never  bo  obliterated,  and  every  new  irritation 
will  mark  it  deeper,  until  it  will  kindle  such  nuitual  and 
mortal  hali-cd  as  to  romicr  separation  preferable  to  etei-iial 
diecord. 

I  regret  that  1  am  now  to  die  in  the  belief  that  the  use- 
less sacrifice  of  themselves  by  the  generation  of  177G,  to 
acquire  self-government  and  happiness  for  their  country,  is 
to  ])e  thrown  away  by  the  miwiso  aiul  unworthy  ]">assions  of 


217 

their  spus,  and  that  1113'  only  consolation  is  to  be  that  I  live 
not  to  weep  over  it."' 

But,  so  far  were  the  northern  peo]ile  from  being  warned 
by  these  sad  proplietic  words,  that  at  each  renewal  of  tlic 
struggle  the  sentiment  ol"  hostility  has  acquired  additional 
strength  and  intensity.  The  passions  enlisted  in  it  have 
become  more  ])itter,  the  disregard  of  constitutional  obliga- 
tions more  marked,  and  the  i)urposo  to  destroy  our  institu- 
tions more  fixed  and  deruiite. 

An  infidel  fanaticism,  crying  out  for  a  liighcr  law  than 
that  of  the  Constilutiou  and  a  liolier  Bible  than  that  of  the 
Christian,  has  been  enlisted  in  the  strife,  and  in  every  form 
in  vrhich  the  opinions  of  a  people  can  l)c  fixed  and  their 
sentiments  perverted,  in  the  school  room,  the  pulpit,  on  the 
rostrum,  in  the  lecture-room  and  in  the  halls  of  legislation, 
hatred  and  contempt  of  us  and  our  institutions,  and  of  the 
Constitution  Avliich  ]>rotects  them,  have  been  inculcated  upon 
the  present  generation  of  Xc>rthern  people.  Abo^■e  all,  they 
have  been  taught  to  Itclievc  that  we  are  a  race  inferior  to 
them  in  morality  and  civilization,  and  tliat  tliey  are  engaged 
in  a  holy  crusade  for  our  lienefit  in  seeking  the  destruction 
of  that  institution  whicli  they  consider  the  chief  impediment 
to  our  advance,  but  which  we,  relying  on  sarredand  profane 
history  for  our  belief  in  its  morality,  lielieve  lies  at  the  very 
foundation  of  our  social  and  political  fabric  and  constitutes 
their  surest  support. 

This,  gentlemen,  is  indeed  an  irrepressible  conflict  which 
we  cannot  shrink  from  if  we  Avould  ;  and  tliougli  the  Presi- 
dent elect  may  congratulate  himself  that  the  crisis  is  at  hand 
which  he  predicted,  we,  if  we  are  true  to  ourselves,  will 
nuike  it  fruitful  of  good  by  ending  forever  the  fatal  struggle 
and  ]jlacing  our  institutions  beyond  the  i-eacli  of  further 
hostility. 

I  know  not  what  may  tie  your  views  of  the  subject,  nor 
what  your  purpose  in  this  crisis ;  but  I  have  already  told 
you  what  the  people  of  Mississippi  have  resolved  on,  and  to 
that  determination,  you  may  rely  upon  it,  they  will  adhere 
through  every  extremity  of  prosperous  or  advei'sc  fortune. 
They,  like  you,  are  the  descendants  of  a  revolutionary  race, 
which  for  far  less  cause  raised  the  banner  of  resistance 
against  a  far  mightier  power,  and  never  lowered  it  until 
that  victory  which  the  god  of  battle  gives  to  brave  men  in 
a  just  cause,  had  crowned  their  efforts  and  estaldished  their 
independence ;  and  they  have,  like  them,  decided  that  the 
time  has  arrived  to  trust  for  the  safety  of  their  honor  and 


218 

rights  only  lo  llicir  own  strong  arms  und  stout  hearts  rather 
than  sulimit  to  jihicing  tlio.^o  ])ri('clt:'ss  l>les>in<is  in  tholvOO]t- 
hig  of  their  inveterate  loes. 

I  shall  enter  into  no  discussion  of  the  righi.  of  secession, 
whether  it  lie  peaceful  and  constitutional  or  violent  and  revo- 
hitionary.  If  decided  at  all  that  question  must,  in  the  nature 
of  things,  1)0  decided  first  by  those  who  would  force  us  back 
into  a  L'nion  witli  thein,  wjiich  Ave  have  repudiated,  and 
when  they  sliall  liave  made  up  their  minds  on  that  snbject,  it 
will  remain  for  us  to  join  the  issue  and  accept  the  conse- 
quences, l)e  they  jieaceful  or  Idoody.  AVe  shall  do  all  in  our 
power  to  avoid  a  hostile  collision  with  those  who  were  once 
our  brothers,  though  now  divided  from  us  by  an  impassable 
gulf;  we  Avish  tlieui  no  harm  and  could  our  ])raycrs  aA-ail 
them  Ave  Avould  freely  offer  them,  that  in  their  future  destiny 
they ''may  have  that  prosperity,  liberty  and  i)cace  Avhich  avc 
intend  to  seek  for  ourselves  under  a  new  organization.  All 
good  men  too  Avill  pray  that  that  ProA'idcncc  Avhich  presides 
OA-er  the  destinies  of  nations  and  shapes  their  ends,  rough- 
liCAv  them  as  they  Avill,  Avill  so  ordain  that  the  friends  of 
liberty  througliout  the  Avorld  may  not  have  cause  to  mourn 
over  the  folly  and  madness  and  Avickedness  of  an  effort  by 
arms  on  tliis  continent,  to  subject  a  whole  people,  united  in 
the  vindication  of  their  rights,  and  resolved  to  die  in  their 
defense. 

But  if  it  nnist  be  so,  and  we  are  compelled  to  take  up 
arms,  Ave  trust  avc  ^-hall  knoAv  hoAv  to  bear  ourselves  as  free- 
men engaged  in  a  struggle  for  their  dearest  rights.  V^c 
have  learned  the  lesson  hoAv  to  do  so  from  the  history  of 
your  OAvn  noble  CommonAvealth,  and  avc  shall  attempt,  at 
least,  to  profit  In-  the  glorious  example. 

The  conA'iction  of  the  justice  of  their  cause  Avill  be  a 
toAver  of  strength  in  the  hour  of  battle,  and  inspire  the 
hearts  of  the  Southern  people  like  the  sounds  of  that  divine 
music,  which  i)i  tlie  Avords  of  the  great  ])OCt, 

"  Cheered  the  hearts  of  heroes  old. 
Arminj^  to  battle  ;  and  instead  of  rage 
Dehbciate  valor  breathed  firm  and  unmoved 
By  dread  of  deutli  to  tight  or  foul  retreat." 

And  Avhcu  that  hour  comes,  Ave  kjioAV,  too,  Avhere  A''irginia, 
will  stand.  Her  ])anner  will  float  proudly  "over  the 
perilous  edge  of  battle"  Avherever  it  rages,  and  the  blood  of 
lier  sons  Avill  enrich  every  field  Avhere  Southern  men  strike 
for  their  ricrhts  and  their  houY)rs. 


219 

Having  thus  stated  the  action  of  my  State,  and  the  causes 
which  induced  it,  I  should  probabl)^  best  consult  the  propri- 
.eties  of  the  occasion,  by  adding  nothing  to  w^hat  I  have 
'  said. "  I  trust,  however,  I  shall  be  pardoned  for  oft'ering  one 
or  two  suggestions  for  your  consideration.  The  fundamental 
idea  wliich  lias  inllucnccd  the  action  of  the  seceding  States, 
is  the  demonstrated  necessity  that  the  Southern  peo]de 
should  lake  their  interest  and  their  honor  into  their  own 
keeping,  and  thus  rescue  them  from  the  power  of  an  avowedly 
liostile  government.  It  is  not  that  they  are  opposed  to  a 
union  of  the  Confederated  States.  Such  a  form  of  govern- 
ment is  not  only  dear  to  their  hearts,  but  its  value  and 
necessity  to  them,  and  their  ])Osterity  receives  tlie  recog- 
nition and  approval  of  their  judgment.  It  is  no  fault  of 
theirs  that  the  Union,  as  it  recently  existed,  has  ceased  to  be 
practical)lc  or  desirable.  Tlie  Soutliern  peojde  may  well 
recur  Avitli  pride  to  the  liistory  of  their  connexion  with  tliat 
government.  AVell  may  they  ask  when  have  they,  B>  State? 
or  individuals,  pro^'ed  faithless  to  the  obligations  it  imposed? 
In  what  point  liave  they  fallen  sliort  of  the  full  measure  of 
duty  and  comity  to  their  sister  States?  Wliat  indulgence 
ha^-e  they  not  shown  to  the  insulting  prejudices  and  unrea- 
soning fanaticism  of  the  other  section  ?  Wliat  sacrifices  of 
blood  and  treasure  have  they  not  made  in  the  common  cause, 
and  what  efforts  to  bring  back  the  liarmony  which  in  tlic 
language  of  one  of  her  most  elocpieut  sons,  reigned  in  those 
days  when  Massachusetts  summoned  Washington  to  lead  the 
armies  of  New  England,  and  when  Virginia  and  Carolina 
sent  supplies  of  corn  and  rice  to  their  famishing  brethren  in 
Boston  ? 

But  such  a  form  of  government  lieiug  demonstrated  to  be 
impracticable  with  the  Northern  people,  all  tliat  is  left  u^ 
is  the  creation  of  a  great  and  powerful  Southern  Union, 
composed  of  States  inhabited  by  homogenous  populations, 
and  having  a  common  interest,  common  sympathies,  common 
hopes,  and  a  common  destiny. 

This  is  the  inevitable  destiny  of  the  Southern  people,  and 
this  destiny  Virginia  holds  in  her  hands.  By  uniting  herself 
to  her  sisters  of  the  South  who  are  already  in  the  field,  shr 
will  make  that  a  peaceful  resolution  which  may  otherwise 
l">o  A'iolcnt  and  bloody.  At  the  sound  of.  her  trumpet  in  the 
r.anks  of  the  Southern  States,  '"  grim  visaged  war  will  smooth 
his  wrinkled  from,"  peace  and  prosperity  will  again  smile 
upon  the  country,  and  we  shall  hear  no  more  threats  of 
coercion  against  sovereign  States  asserting  their  indepen 


*^i»L* 


220 

donco.  The  Southern  people,  under  your  lend,  '^ill  agab  bt 
united,  and  liberty,  prosperity  and  power,  in  happy  umOn, 
will  take  \\\)  their  al)ode  iu  the  .u;reat  Southern  Republic,  to 
which  we  uiav  ^^a^ely  yntrnrft  our  destinies.  These  are  the 
noble  gifts  which  V'iroinia  can  again  confer  on  the  country, 
by  pronii.t  and  decided  action  at  tlie  ])resent.  _     _ 

In  conclusion  gcntleniei).  let  me  renew  to  you  the  invita- 
tion of  mv  State'and  ])eople,  to  unite  and  co-operate  with 
your  Southern  sisters  who  are  already  in  the  field,  iu  defense 
of  their  rights.  We  invite  you  to  come  out  from  the  house 
of  our  enemies,  and  take  a  ju'oud  ]iosition  in  that  of  your 
friends  and  kindred.  Come  aiul  1)0  received  as  an  older 
brother  wliose  counsels  will  guide  our  action  and  whose 
leadership  we  will  willingly  follow.  Come  and  give  us  the 
aid  o¥  your  advice  iu  counsel  and  your  arm  in  battle,  and  be 
assured  that  when  you  do  come,  as  Ave  know  you  will  do  at 
no  distant  dav,  the  signal  of  yoiu-  move  will  send  fi  thrill  of 
joy  vibrating' through  every  Southern  heart,  from  the  Rio 
Grande  to  the  Atlantic,  and  a  shout  of  joyous  coiioTatula- 
tion  Avill  go  up  which  will  shake  the  continent  from  its 
centre  to  its  circumference. 


STATEMENT  Showin 


of  Personalty  in  the  State  of  i^Iississippijtogetlier  with  Number  of  Acres  anil  Vahie  of  Taxal)le  Lands,  for  Year 


'  '377 



;» 

5U25 

1600 

3315 

^jj ;;;";| 

1             uor. 

m. 


s.  2.  2,  ]  2. 


? 


3,S92 

n,5aa 

2,8M 
«,S«2 


4.782 
l.3'2l 
5.3SI 
1.910 


7,000 

i.eoi 


3 

I 

J 

r 

s. 

^ 

§ 

a. 

ll 

8 

■s 

« 

s 

•a 

2. 

on 

U0.0D5 

■17,001 

B- 

10.W0 

<S,7Iia  'J91, 

70S,...: 

143     l> 
4.003     n, 


13.530 
746 
4000 


24,238 
40,000 
33,774 


31^298 
'  43',390 

4850 , 
560 

'  10.872  , 


3.231. 
1.598. 
1.073'. 


-I 


i 
3 

i,«an 

1,740 
1,749 

10 

6 

3,7uft 
6.413 
3,031 
1.703 

■e 
1 

7 
1 

1 

2.820 
1.223 
731 
017 
4.310 
2.015 

890 
3,908 

* 

4 

7.007 
1 1.070 
2.7.17 
0.901 

t 

2,050 

n 

10 

0,007 

3M 

25» 

200,787  00" 

30,i)flU 
12  fiM 
2,75(1 


1 

1 

J 

ii 

•  i 

vw 

ll 

saoiil....! 

n.53»|     (1 

■••■! 

m 

'i 


0,130... 
10,5lfl 
35,000 


3,704 


•S0,I70  00    IV:^     Hr,fi 


Auditor's  Office,  Jackson,  I  ]91issis§ippi,  January  16tli,  1861. 


V  UlkhU,  MluwUl  •143,000,000— 


ToUlTu 9;iu,:70  00 


^ 

^ 


♦ 


ANNtlAL  KEPORT 


OF  THE   AD.UTTAXT  (JIONERAL  OF  THE  STATE 
OF  Ml^^SISSIPPT. 


GENERAL  HEAD-QUARTERS,  STATE  OF  MISSISSIPPI; 

Ap.iutant-Generaf/8  Office,  ) 
.rvCKsox,  January   the  IStli,  1861.      f 

His  Excellkncv  John  J.  Pettus — 

Governor  and  Cominonder-m-Chifrf  Mistisaippl  AiiWiti. 

^7r;— PuiMiant  to  an  act  of  the  Legislature,  prescribing 
the  duties  of  the  Adjutant  (rcncral,  I  have  the  honor  to 
-ulimit  tlie  follow'iug  report  for  the  year  ending  December. 
.^tiO,  and  from  January  the  1st,  1861  to  January  the  iTth 
inclusive. 

The  past  year  was  as  remarkable  for  the  military  organ- 
i7.ations  effected  in  the  State,  as  for  the  great  political 
changes  wliich  took  place  throughout  the  country. 

The  precarious  condition  of  political  aifairs  in  thii« 
country,  occasioned  by  Northern  aggression  upon  the  insti- 
tutions of  the  South,  aroused  the  peophj  of  the  Soutlicrn 
States  to  a  sense  of  their  imperfect  security  ;  »and  their 
Legislatures  by  wise  coucil,  made  anijjle  provision  lor  the 
purchase  of  arms  and  munitions  of  war  for  the  defense 
of  the  States. 

The  Mississippi  Legislature  being  duly  impressed  "with  a 
sense  of  her  insecurity,  and  aroused  by  the  action  of  John 
Brown,  and  his  confederates  at  Harper's  Ferry,  in  their 


222 

attempt  to  stain  and  drench  the  soil  of  Virginia  in  inno- 
cent blood,  raadc  an  appropriation  in  December,  1859,  of 
*  150,000,  lor  tlie  purchase  of  arm?,  in  order  to  prepare  her 
10  resist  effcctuall}'  such  a  fanatical  raid,  should  an  attempt 
be  made  to  perpetrate  sucli  an  act  within  her  borders. 

So  soon  as  the  passage  of  the  act  appropriating  the  gum  of 
$150,000  for  arms  was  known  throught  the  State,  military 
organizations  commenced  springing  up  from  her  Northern 
borders  to  the  Sea-Coast.  Those  organizations  of  Volunteer 
Companies  progressed  steadily  :  tliough  slowly  during  the 
spring  and  summer  months  ;  organizing  at  the  rate  of  some 
two  companies  per  month  ;  the  military  ardor  aroused  by 
l!ie  John  Bi-own  raid  abating  to  some  extent. 

Within  the  post  two  months  the  political  excitement 
awakened  l)y  tliC  election  of  a  Black  llepublican  to  the 
I'^osidency,  being  uprecedented,  and  without  parallel  in  the 
history  of  this  country,  these  expiring  military  fires  are 
being  rekindled,  and  companies  are  orgahizcd  and  have 
been  organizing,  at  the  rate  of  from  seven  to  eight  per 
week  ;  numbering  from  fifty  to  sixty  men,  ready  to  march 
TO  the  fild  of  battle  to  defend  the  soil  of  their  birth  or 
adoption  from  the  ignominious  taunts  of  the  Black  Repub- 
lican hoi'de — and  anxious  to  place  her  among  the  nations 
of  the  earth  as  a  free,  independent  and  sovereign  people, 
discarding  and  disregarding  the  Union  of  the  States  upon 
the  present  inequality  of  rights.  While  appreciating  their 
love  for  independence  and  State  pride,  1  regret  that  the 
existing  military  law  does  not  empower  the  Governor  to 
call  them  into  service,  except  within  the  limits  of  the  State; 
the  law  is  adapted  to  home  service,  or  more  particularly,  to 
parade,  and  inapplicable  to  actual  service  on  the  field.  A 
few  suggestions  and  recommendations  on  this  point  will  be 
detailed  in  a  subsequent  paragraph  of  this  re}>ort,  to  which 
special  attention  is  requested. 

The  military  fires  enkicdled  within  the  chivalric  sous  of 
Mississippi  within  the  past  year  are  unprecedented  in  her 
military  annals.  The  number  of  companies  organized  up 
to  the  16th  January,  1861,  dating  from  January  1st,  18G0, 
amounts  to  sixty-five  ;  of  this  number,  fifty-five  organized 
as  rifles,  but  some  three  or  more  h;ive  bccu  furnished  the 
altered  purcussiou  musket,  and  others  will  be  compelled  to 
resort  to  the  same  arm.  Of  this  number  only  one  company 
organized  as  Infantry,  and  one  as  Light  Infantry  (Monroe 
Light  Infantry  and  "  Enterprise  Guards  as  Infantry,''  with 
rifled  muskets).  The  number  of  Cavalry  Companies  formed 
amounts  to  eight.     The  number  of  Artillery  three. 


As  (,o  the  exact  number  of  ineu  composing  tliese  compa- 
nies, it  is  impossible  to  state  definitely,  for  the  reason  that 
the  law  upon  whicli  these  orgranizatious  were  effected  has 
been  waived,  for  the  past  few  months,  owing  to  the  exigen- 
cies of  the  times,  and  again  in  petitioning  for  organization, 
the  companies  frequently  cari'y  out  (he  law  to  the  extent 
only,  to  entitle  them  to  organization,  that  is  only  getting 
thirty-two  signatures  to  tlie  petition,  when  the  company 
numbers,  probably,  hfty  jnen  or  more.  I  therefore  state  the 
number  of  regular  uniformed  Volunteers  will  be  based  upon 
the  arm  distribution,  (and  by  approximation  for  companies 
not  holding  arms)  wliich  is  the  surest  method  of  arriving  at 
an  estimate  of  the  number  of  iiion. 

The  impossibility  of  procuring  the  Mississippi  Rifle,  with 
sabre  bayonet,  has  produced  much  dissatisfaction  among 
the  companies,  and  while  it  hiss  caused  the  disbandment  of 
some,  prevented  the  organization  of  others,  and  has,  there- 
fore, been  prejudicial  in  two  distinct  ways.  Relative  to  the 
Mississippi  Rifle,  it  is  but  justice  to  state  that  every  effort 
has  been  made  to  procure  tlioni  within  the  power  of  this 
Department. 

This  arm  being  renowned  for  the  brillaut  victories  achieved 
upon  the  battle  fields  of  Mexico,  in  the  hands  of  the  First 
Regiment  of  Mississippi  Riflemen,  lias  derived  the  appella- 
tion of  "  Mississippi  Rifle,"  and  is  the  principal  arm  called 
for  by  the  Volunteer  corps. 

In  consequence  of  the  numerous  applications  ibr  this 
rifle,  the  Adjutant-General  flj  t',om[)liance  with  verbal  in- 
structions, proceeded  North  in  May  last  for  the  purpose  of 
making  contracts  for  this  i-ille,  to  supply  the  demand 
existing  up  to  the  time  of  d'Ji)arture.  This  was  effected 
after  much  difficulty,  in  finding  a  suitable  armory  for  its 
manufacture.  On  the  bth  of  June  a  contract  was  closed 
with  Eli  Whitney,  of  Connecticut,  for  fifteen  hundred  of 
these  rifles,  with  l)ayonets,  onr  thousand  of  wliich  were  to 
be  delivered  by  the  1st  of  December,  lb 60,  At  the  time  of 
the  first  delivery  of  arms  (Oct.  I5t!i,)  said  Whitney  raised 
a  point  relative  to  the  inspection,  fearing  an  inspection  by 
an  officer  of  the  Army,  and  refused  to  have  them  examined, 
and,  therefore,  shipi)ed  out  GO  of^aid  arms,  as  samples  he 
said  of  what  he  could  furnish. 

The  arms  were  received  and  examined,  and  proved  to  be 
old  guns  fixed  up.  Such  an  act  being  a  violation  of  tlie 
letter  and  spirit  of  the  contract,  none  of  the  arms  were 
tiken  as  a  part  of  the  contract,  though  the  (iO  were  taken 


^ 


224 

as  an  experiment.  The  atlair  is  uow  being  adjusted  between 
a  U.  S.  Senator  and  said  Whitney,  but  owing  to  the  bad 
faith  of  Whitney  the  arras  will  probably  never  be  received, 
and  the  companies  will  have  to  resort  to  whatever  can  be 
furnished. 

The  number  of  conunissious  issued  to  officers  of  Volunteer 
Companies  approximates  two  hundred  and  fifty-five,  of  this 
number  sixty-live  were  issued  to  Captains,  and  one  hundred 
and  ninety  to  Lieutenants. 

Several  companies  were  organized  and  commissions  were 
issued  early  in  tiic  spring,  but  owing  to  causes  but  partially 
reported,  they  disbanded  within  a  few  months  after  their 
organization — among  them  "  Sharon  Rifles,''  of  Madsion 
county  ;  "  University  Rifle  Company,"  Lafayette;  "  Chicka- 
saw Dragoons,  Chikasaw:  "Home  Guards,"  Lowndes;  and 
a  few  others.  The  commissions  to  the  officers  are  not  in- 
cluded in  the  aggregate  of  commissions.  The  number  of 
men  regularly  organized  into  uniformed  companies  of 
Volunteers  amounts  to  two  thousand  and  twenty-seven, 
armed.  Of  the  thirty-eight  companies  unarmed,  allowing 
fifty  men  for  an  average  of  each,  we  have  ninteen  hundred 
unarmed  Volunteers — which  number  added  to  the  number 
of  armed  men,  gives  an  aggregate  of  three  thousand  nine 
hundred  and  twenty-seven  men  belonging  to  the  Volunteer 
companies,  which  approximation  will  vary  but  little  from 
the  correct  number.  This  force,  armed  and  properly  offi- 
cered, would,  on  the  field,  be  formidable  to  an  advancing  foe. 

The  number  of  arms  in  the  hands  of  the  troops  amounts 
to  2,127  stand  ;  of  rifles  1,256,;  of  percussion  muskets  391; 
of  flint  about  60;  of  pistols  462;  of  sabres  360;  and  will  be 
classified  in  the  schedule  marked  A  in  the  appendix. 

The  States  qxiota  of  arms  from  the  U.  S.  Government  for 
the  year  1860,  amounting  to  315  muskets,  or  their  equivalent 
in  other  arms,  was  drawn  in  field  artillery,  amounting  in 
all  to  6  six  pownder  bronze  guns,  and  two  12  pownder 
howitzers,  all  of  which  were  dismounted,  save  one  6  pounder, 
with  carriage  limber  and  impliments  and  equipments 
complete,  and  1  set  of  harness  for  four  horses.  These  guns 
have  all  been  mounted  at  the  State  Penitentiary,  and  are 
ready  for  the  field  with  the  exception  of  harness,  caissons, 
battery  wagon  and  forge.  Special  attention  is  called  to  the 
caissons,  battery  wagons  and  forge.  There  is  not  a  caisson, 
battery  wagon  or  forge  in  the  State  ;  (at  least  no  record  of 
Buch  in  the  office)  and  a  fild  battery  is  incomplete,  and  but 
partially  efifectual  without  them.    The  harness  is  being 


225 

made,  and  the  caissons,  <fec.,  can  be  made  at  about  the  same 
expense  as  a  gun  carriage.  Fortunately  for  the  State,  the 
quota  for  1861,  amounting  to  319  muskets,  was  advanced 
by  the  Secretary  of  War  in  May^  1860  :  and  was  taken  in 
U.  S.  long  range  rifles  with  Maynard  primer  and  sabre 
bayonets,  and  amounted  to  212.  In  consequence  of  the 
inability  to  make  various  irons  necessary  in  the  construction 
of  the  6  pounder  gun  carriages,  the  Secretary  of  War 
advanced  the  requisite  irons  on  account  of"  the  quota  for 
1861,  which  irons  amounted  to  thirty-four  (;i4)  muskets,  or 
$442  00;  thereby  reducing  the  number  of  rifles- 

The  Legislature  at  the  session  of  1859  and  '60,  passed 
an  act  entitled  "an  act  further  to  regulate  the  Militia  and 
Volunteer  systems."  one  section  of  said  act  established  a 
"Volunteer  Military  Board,'"'  to  be  composed  of  the  Cap- 
tains of  Volunteer  Companies  of  all  arms  throughout  the 
Sate. 

In  compliance  with  the  provisions  of  said  act,  the  Board 
assembled  in  Jackson,  in  May,  and  proceeded  to  eficct  an 
organization  of  the  A'olunteer  forces.  By  the  action  of  said 
Board  the  State  comprises  one  Division,  which  is  subdivided 
into  two  Brigades,  each  Brigade  subdivided  into  two  Regi- 
ments and  each  Regiment  into  two  Battalions. 

This  is  the  existing  Volunteer  Military  organization  of 
the  State,  and  will  suffice  unless  there  are  numerous  acces- 
sions to  the  volunteer  corps,  when  an  additional  number  of 
general  ofiicers  will  be  required.  By  the  existing  law,  the 
officers  commanding  the  Division,  brigades,  etc.,  who  are 
elected  by  said  Board,  while  exercising  the  command  of 
General  and  Field  Officers,  arc  only  commissioned  as  Cap- 
tains. Such  is  unprecedented  in  military  history  ;  and  I 
therefore  suggest  in  order  to  obviate  a  constitutional  point 
which  was  raised  on  the  passage  of  the  bill,  that  said  Board 
act  as  a  Convention,  and  be  allowed  only  to  make  the 
nominations  for  these  offices  ;  and  that  the  members  of  the 
Division,  brigades,  regiments,  &c.,  (the  qualified  electors) 
be  required  to  elect  the  several  officers,  and  that  the  nomi- 
nations be  not  confined  to  the  Captains  of  Companies  as 
at  present,  but  extend  through  the  whole  of  the  different 
corps,  thereby  allowing  privates  who  possess  military  qual- 
ifications, an  equal  chance  with  officers.  I  further  suggest 
that  the  elections  for  these  offices  be  ordered  from  General 
Head-quarters,  and  to  take  place  anually,  or  biennially,  or 
otherwise,  upon  the  same  day  throughout  each  command. 
By  this  method,  the  ooastitutional  point  will  be  obviated, 
C-43 


226 


and  a  general  or  field  officer  can  be  commissioned  accoiTl- 
ing  to  the  rank  he  holds. 

The  Board  provides  that  the  "  Staff  of  the  Commandant 
of  Division  shull  consist  of  twelve,"  and  the  "Start  of 
Commandant  of  Brigade  shall  consist  of  twice  the  nnm- 
ber  prescribed  by  the  Army  regulations,"  without  specifyirg 
the  rank  of  either  member  of  each  staft'.  I  suggest  that 
eacli  staff  be  reduced,  and  that  the  rank  of  each  officer  be 
specified.  No-  reports  of  the  practical  operations  of  the 
Division,  brigades,  &c.,  have  been  received  at  this  depart- 
ment, i  recommend  that  at  the  next  meeting  of  the  Board, 
a  committee  be  appointed  to  draft  a  system  of  regulations 
for  the  Volunteer  organization.  Tlio  law  requiring  the 
Captains  of  Volunteer  Companies  to  make  annual  reports 
to  the  Adjutant-General  of  tiic  condition  ol  their  arms,  has 
been  but  partially  c-anplied  v/ith.  The  reports  that  have 
been  received,  will  be  found  in  the. Appendix. 

The  number  of  men  subject  to  military  duty  as  far  as 
reported,  amounts  to  thirty-nine  thousand  two  hundred  and 
sixty-three,  and  are  distributed  in  the  different  counties,  as 
follows,  viz  : 


Greene  County, 

-  216  men. 

Coahoma  C 

ounty,     - 

-   296  men. 

Covington 

" 

438     " 

Bolivar 

II     ' 

326    " 

Adams 

It 

-     753     " 

Madison 

II 

863    " 

Neshoba 

It 

-714     " 

Hinds 

II 

1223    " 

Oktibbeha 

"- 

-     760    " 

Yazoo 

11 

1156    " 

Tunica 

(( 

-  187     " 

Jasper 

II 

680    " 

Monroe 

II 

-    1355     " 

Itawamba 

II        ii 

2082    " 

Marshall 

i: 

1516     " 

Molmes 

II 

480    " 

Rankin 

<< 

-  1032     " 

Winston 

" 

-544    " 

Kemper 

11 

664     " 

Amite 

<< 

•     690    " 

Issaquena 

« 

-       151     " 

Wilkinson 

" 

592    " 

Lawrence 

(1 

-      -    736     " 

Panola 

"  - 

1063    " 

Copiah 

i< 

-      1393     " 

Yalobusha 

" 

1241    " 

Wayne 

« 

278     " 

Newton 

" 

445    " 

Jones 

i( 

-       394     " 

Hancock 

II 

443    •' 

Jackson 

II 

541     " 

Simpson 

II 

369    " 

Noxubee 

'• 

-     702     " 

Clarke 

i( 

954    " 

Pontotoc 

i< 

2089     " 

Pike 

II 

1201    " 

Tishomingc 

" 

-    3480     " 

Franklin 

" 

576    " 

Tippah 

11 

2400     " 

Attala 

<< 

1179    " 

DeSoto 

<i 

-1962     " 

Smith 

11 

632    " 

"Warren 

II 

-       940     " 

Claiborne 

11 

568    " 

From  the  following  Counties  no  Military  rolls  have  been 
returned,  viz  : 

Calhoun,  Carroll,  Chickasaw,  Choctaw,  Harrison,  Jefferson,  Lafay- 
ette, Lauderdale,  Leake,  Lowndes,  Marion,  Perry,  Scott,  Sunflower, 
Tallahatchie,  Wasbingtoo. 


227  W 

Relative  to  the  Militia,  will  state  that  the  law  requiring 
parades,  is  in  existence,  but  no  orders  have  been  issued  by 
the  Commander-in-Chief,  instructing  general  and  field  offi- 
cers to  enforce  the  law.  The  law  requiring  these  parades 
was  revived  some  eleven  months  ago,  and  not  one  report 
has  been  received  from  any  company,  regimental  or  battal- 
ion parade.  The  law,  as  it  exists,  is  impracticable,  and 
requires  to  be  remodelled  before  it  can  be  effectual. 
The  little  interest  taken  in  the  Militia,  is  conclusive  evi- 
dence that  a  regular  organized  Militia  is  contrary  to  the 
spirit  of  the  people,  and  an  organization  can  never  bo  ef- 
fected when  the  people  agree  by  common  consent  to  disre- 
gard the  law,  and  laws  being  of  no  purpose  when  they  are 
unobserved,  I  recommend  the  repeal  of  the  law.  Proof 
sufficiently  conclusive  to  show  that  but  little  interest  is 
taken  in  the  Militia,  has  been  furnished  this  office  by  the" 
recent  returns  of  election — as  some  counties  which  have 
eight  or  nine  hundred  men  subject  to  military  duty,  polled 
at  the  election  for  field  officers  only,  from  two  to  fifteen 
votes.  Further  proof  is  that  during  last  Spring,  an  elec- 
tion was  ordered  by  the  Colonel  of  the  ninth  regiment  of 
the  first  Division  for  an  election  of  Company  officers, — 
which  he  reports  to  this  office  as  follows  :  "  the  qualified 
electors  were  present,  the  polls  opened,  and  the  men  refused 
to  vote."  He  desired  to  know  what  was  to  be  done  ?  The 
only  reply  was  that  the  framers  of  the  bill  anticipated  no 
such  gross  disrespect  to  military  authority,  and  made  no 
provisions  relative  thereto.  Legislative  action  is  recom- 
mended on  this  point. 

To  show  the  impracticability  of  the  law,  it  is  necessary 
to  state  that  a  Regiment  is  composed  of  ten  Companies,  or 
one  thousand  (1000)  men.  By  the  law  each  county  con- 
stitutes a  Regiment.  In  numerous  counties  the  number  of 
men  subject  to  duty  docs  not  exceed  five  hundred,  (50") 
and  in  some  the  numloer  exceeds  twenty-five  hundred  (2500) 
Still  further  the  Companies  are  limited  to  sixty-four  men, 
and  by  the  law  not  more  than  eight  Companies  in  a  Regi- 
ment. Therefore  it  is  impossible  to  eff  ct  an  organization 
under  this  law.  1  recommend  its  repeal,  and  suggest  that 
a  per  capita  tax  be  collected  in  lieu  of  this  Militia  duty, 
and  be  deposited  in  the  State  Treasury  for  general  military 
purposes. 

On  first  Monday  in  October  last,  the  regular  biennial 
election  for  Militia  officers  was  holden,  and  from  the  returna 
aot  mora  than  two-thirds  of  the  requieite  officers  were 
0-^44 


0  223 

elected.     The  number  of  coranu'ssions  issued  amounts   to 
299,  of  General   offeccrs  12  :  of  Fiold   104  :   of  Staff  28; 
f  Line  155. 

The  is?uiug  and  distribution  of  o.Minmissions  to  the  oflQ- 
cers  entails  expense  upon  the  State,  and  infinite  unnecessary 
labor  in  this  office,  and  produces  no  irood  whatever.  Should 
it  be  deemed  unadvisable  to  repea!  this  law,  I  recommend 
a  Convention  of  the  General  Officois  and  tlieir  Stalls,  for 
the  purpose  of  adopting  a  system  of  i-eLiuIaiions,  and  a 
uniform,  &c.  The  amount  of  th<!  Expenditures  of  the  De- 
partment for  Arras,  and  Military  purposes,  is  about  $26.- 
90   42. 

The  apportionment  of  the  expenditaros  will  be  found  in 
the  Appendix.  The  receipts  have  been  small.  A  sale  of 
old  and  worthless  muskets  was  effected  with  a  house  in 
New  York.  The  amount  received  was  $292,  which  has 
been  deposited  to  tlie  credit  of  the  Department.  The  Vol- 
unteer Companies  are  recommended  in  their  elections  of 
officers  to  select  always  men  of  military  qualifications,  as  it 
is  impossible  for  an  officer  to  impart  to  his  subalterns 
knowledge  which  he  does  not  possess.  The  creation  of  the 
office  of  Inspector-General  of  Volunteers,  and  the  consoli- 
dation of  the  duties  of  said  office,  and  those  of  Quarter- 
Master-General  also,  with  the  duties  of  Adjutant-Generak 
renders  the  total  duties  too  onerous  for  a  single  oflicer  to 
perform,  were  he  able  to  perform  them,  which  is  impossible 
from  their  variety. 

The  duties  of  Quarter-Master  at  this  time  being  suffi- 
cient for  one  officer  to  perform,  renders  it  impossible  for 
the  duties  of  Adjutant-General  to  be  discharged  properly, 
which  are  equally  as  important,  and  the  duty  of  Inspector- 
General  of  Volunteers,  while  this  duty  is  being  performed 
renders  it  impossible  to  tiansact  the  business  of  either  of 
the  other  offices.  I  therefore  recommend  that  a  clerk  be 
allowed  this  office,  and  that  the  duties  of  Quarter-Master 
devolve  upon  the  proper  officer,  for  such  compensation  as 
the  Legislature  may  see  fit  to  allow. 

The  law  requiring  the  Adjutant-G<'neral  to  inspect  the 
various  Volunteer  Companies  througliout  the  State,  once 
in  two  years,  has  been  but  partially  complied  with,  owing  to 
protracted  illness,  occasioned  in  the  prosecution  of  these 
duties.  Only  four  Companies  were  inspected,  to  wit:  Port 
Gibson  Riflemen,  Adams'  Light  Guard  Battalion,  (Natchez) 
Volunteer  Southrons,  and  Vicksburg  Sharpshooters,  (War- 
ren.)    Orders  were  issued  for  the  inspection  of  the  Quit- 


229 

man  Guards  at  Holmesville,  Piko  Conntv,  Gaii.^ville 
Volunteers,  Hancock  County,  Biloxi  Uifie  Guard.-,  id 
Harrison  County,  Quitman  Liofht  Infantry,  in  iSuxnbro 
County,  Noxubee  liillemeii,  at  Macoi),  and  Columbu^  Hiflo 
men,  Columbus  :  and  other  order?  would  liave  been  ifiisu<  d 
but  for  the  cause  above  mentioned.  •    , 

In  regard  to  the  Companies. inspected,  vvili  remark  that 
each  manifested  much  zeal  and  military  proficiency,  the 
Captains  being  officers  ot  military  bearing,  &c.  I  Avould 
recommend  to  the  Captains  ol  Voluntofr  i\ini|tjuiies  a 
regular  system  ot  instruction  : —  forlD(;nur\.  <'om)non(ii',ti 
with  the  school  of  tiie  soldier,  .md  continiiintr  ihi ough  tiie 
ECJOol  of  the  Company  to  the  .^cho  >!  of  the  Balialion  : — for 
Cavalry,  the  s<'hool  of  the  'I'rooicr,  &c. : — for  the  Artillery, 
Light  Artilloiy  t«cti<--.  Owing  to  the  probability  of  a 
war  between  the  two  sections  of  the  country,  I  would  re- 
commend to  the  Companies  who  expect  to  engage  in  it,  a 
thorough  system  of  drilling,  and  practice  in  the  advance 
in  line  of  battle,  "  for  the  history  of  the  application  of 
modern  tactics  in  battle  gives  the  lesson  that  courage  is 
dependant  upon  instruction."  The  existing  military  law, 
with  some  alterations — while  it  would  meet  tbe  exigencies 
of  the  Volunteer  corps  in  time  of  peace,  is  wholly  unadopt- 
ed to  the  tield  in  time  of  war  ;  for  while  it  allows  the 
Captain  commanding  tbe  Division,  to  order  parades,  en- 
campments, &c.,  it  does  not  authoiize  the  Commander- 
in-Chief  to  call  them  into  service  except  in  the  State,  and 
thei'C  being  no  probability  of  any  necessity  for  their  ser- 
vices ia  the  State,  thoy  cannot  be  called  to  assist  jnother 
State.  Such  being  the  case,  I  suggest  the  projiri(-^ty  ol 
making  no  further  distribution  of  arms,  until  some  other 
arrangements  better  adapted  can  be  made,  and  will  i-ceom- 
moad  that  in  the  event  a  Southern  Confederacy  is  formed, 
and  active  hostilities  are  commenced  between  the  South 
and  the  North,  that  the  Military  organizations  that  are 
formed  for  the  service,  be  organized,  irrespective  of  the 
existiuii  law,  and  with  strict  conformity  to  Miliiary  law, — 
the  Company,  composed  of  100  men,  being  the  basis  of 
organization. 

The  Legislature  of  185S  ])assed  an  act  ap])ropriating  the 
sum  of  $l25,0i)  to  Volunteer  Companies  of  Infantry,  and 
$150,00  to   Cavalry,  after  the  performance  of  certain  du- 
ties.    Under  this  appropriation  has  been  drawn  the  follow 
ing  amounts,  viz : 
0-45 


280 

Quitman  Light  Infantry, $125,00 

"       Guards 125,00 

Covin.a;ton  Guards, 125,00 

Col.  B.  Adams'  Light  Guard, 125,00 

500,00 

Tiiiy  act  has  been  repealed,  and  another  substituted  in 
lieii  thereof,  appropriating  the  sum  of  $9  to  each  member 
of  a  Volunteer  Company  -  that  performs  within  twelve 
months  nine  days  military  duly. 

Under  this  act  of  appropriation,  the  following  sums  have 
been  drawn,  to  wit  : 

Jiiloxi  Rifle  Guards, $370,00 

Quitman  Guard?, 234,00 

Home  Guards, 324,00 

Gainsville  Volunteers 342,00 

O'Connor  Rifies, 567,00 

Irrepressible?, 567,00 

$2,404,0) 

1  would  recommend  that  a  sufficient  sum  to  supply  the 
ofificersof  Volunteer  Companies  with  tactics  be  appropriat- 
ed, aiid  wriiild  su!2\a:est  the  purchase  for  this  purpose,  of 
•'  Gilham's  Manual  for  Volunteers  and  Militia,"  a  work  re- 
C3ntly  published  by  authority  of  the  State  of  Virginia, 
comprising  the  tactics  for  each  arm  of  the  service,  as  com- 
piled by  officers  of  the  infantry,  artillery  and  cavalry  of 
the  regular  service. 

The  duties  of  Quarter-Master  General  devolving  upon 
this  department,  a  passing  notice  relative  to  the  business  of 
the  departtneui  is  necessary. 

In  the  month  of  March  last,  the  old  arms  and  accoutre- 
ments (a  pile  of  rubbish)  in  the  arsenal,  were  overhauled 
and  examined,  cleaned  and  stored  away  for  an  emergency  ; 
but  it  is  hoped  that  an  emergency  that  would  bring  them 
into  requisition  mny  lu^var  arise.  tShould,  however,  such 
take  place,  then  we  might  truly  exclaim  with  the  Latin  poet, 
that  "  man  is  never  conscious  of  the  danger  he  has  every 
moment  to  avoid."  A  list  of  these  arms  and  accoutrements 
is  on  file  in  this  office,  but  is  unnecessary  to  be  made  in  this 
report 

The  following  is  a  list  of  tlie  arras,  <fcc.,  examined  at  the 
general  overhauling,  that  ai'C  in  tolerable  order  and  fit  for 
use,  viz : 

Bayonet  scabbards  229,  !•>  of  which  were  issued  to  the 
*'  Enterprise  Guards." 


231 

Cartridge  boxes,  pistol  and  musket,   315 

Rifle,  pouch,  and  flask  belts, 214 

Waist  belts 5G 

Sabre  belts, 106 

"     knots, 107 

Gun  slings, 119 

Dragoon  shoulder  belts,   276 

Holsters, 60 

Rifle  pouches, , 116 

Powder  flasks 88 

Flint  lock  muskets,  browned  barrel, 160 

"        "  "  bright  "       72 

Sabres, 106 

Most  of  the  cartridge  boxes,  sabres,  belts,  holsters, 
pouches,  flasks;  etc.  &c.,  have  been  distributed. 

The  arsenal  is  iu  bad  condition,  the  floor  being  worth- 
less  from  dry  rot.  a>id  the  building  totally  insecure. 

On  the  0th  of  June,  closed  a  contract  with  the  "Ames 
Manufacturing  Company,"  of  Massachusetts,  for  seventeen 
hundred  sets  of  accoutrements — five  hundred  of  vv'hich 
have  been  received. 

On  the  15th  of  December,  in  compliance  with  verbal 
instructions,  proceeded  to  the  Baton  Rouge  Arsenal,  to 
examine  a  lot  of  the  U.  S.  altered  percussion  muskets,  with 
a  view  to  the  purchase  of  live  thousand  stand.  The 
arms  were  examined,  and  proved  satisfactory,  and  on  the 
'iilst  of  December,  the  linal  arrangements  were  closed  in 
New  Orleans,  between  the  U.  S.  Government  and  the  State 
of  Mississippi. 

These  arms  have  all  been  received,  and  arc  now  stored, 
awaiting  orders  relative  to  tlieir  distribution. 

The  Secretary  of  V/ar,  in  November  last,  addressed  a 
communicatiou  to  His  Excellency,  relative  to  the  distribu- 
tion of  a  lot  of  books,  ("  Revised  Instruction  for  Field  Ar- 
tillery," )  which  were  stored  by  the  U.  S.  Quarter-Master 
at  Philadelphia,  awaiting  orders.  The  quota  amoun  ng 
to  43  volumes,  was  ordered  to  be  forwarded  to  this  dep>urt- 
ment,  and  lias  been  received. 

There  arc  about  one  hundred  and  fifty  stand  of  percus- 
sion rifles  in  the  State,  that  are  not  included  in  the  Abstract 
of  Arms,  <fec.,  belonging  to  the  State.  These  arms  have 
been  ordered  to  be  returned  to  this  department,  but  none 
have  been  received.  They  were  drawn  by  the  "  Lauderdale 
Rifles,"  "  Attala  Guards,"  and  "  Monroe  Riflemen,"  each 
of  which  has  disbanded. 

In  concluding  these  remarks,  will  again  call  the  atteu- 
C— 46 


232 

tiou  of  the  Volunteer  Companies  to  the  necessity  of  a  re- 
gular system  of  instruction,  and  to  tlie  importance  of  fre- 
quent instruction  on  the  fiekl. 

All  of  those  suggestions,  recommendations,  Arc,  are 
Respectfully  submitted. 

W.  L.  SYKES, 

Adiutant-General. 


ATTENTION  IS  CALLED  TO  THE  SUBJOINED  REPORTS 
OF  THE  INSPECTION  OF  VOLUNTEER  COMPANIES 
BY  THE  ADJUTANT  GENERAL  : 

Port  Gibson,  Saturday,  Sept.  8th,  1860. 

To-day  inspected  the  '•'  Port  Gibson  Riflemen,"  Captain 
VVm.  Mckeever  conpianding.  The  Company  numbers  forty 
men,  and  turned  out  at  inspection  twenty-three  all  told. 
The  arms  in  possession  of  this  Company  are  the  U.  S.  per- 
cussion rifles,  model  of  1842.  and  manufactured  by  Eli 
Whitney,  of  Connecticut. 

Tliese  arms  were  drawn  in  the  year  1854,  from  the  State 
Arsefial,  and  are  now  in  good  order.  The  appendages 
arc  nearly  all  complete,  a  few  wormers  and  screw-drivers 
are  missing.  The  belts  are  all  in  good  order.  The  pouches 
are  in  tolerable  order,  but  the  style  out  of  date.  The 
springs  attaching  the  powder  flasks  are  nearly  all  broken. 
This  Company  drew  60  stand  of  these  arms,  but  report 
only  (39).  The  others  are  scattered  through  Copiah,  and 
other  counties  adjoining — so  the  Captain  reports. 

He  lias  been  trjdng  to  collect  the  scattered  arms,  but  has 
met  with  but  little  success.  In  the  afternoon  the  Company 
was  paraded  for  drill.  They  were  exercised  in  various  com- 
pany movem_ents,  the  manual  of  arms  and  the  firings,  and 
acquitted  themselves  very  well.  Of  these  rifles  a  lew  are 
delaced  by  names,  being  cut  and  marked  about  on  them, 
and  all  show  age  incident  upon  use.  A  few  of  the  locks 
have  been  altered  for  target  firing,  the  others  are  as  when 
drawn  from  tlic  State.  The  interior  of  the  barrels  have 
been  allowed  to  rust  to  some  extent. 

W.  L.  SYKES, 
Inspector- General  of  Voluuteers. 


238 

Natchez,  Sept  11th,  1860. 

To-day,  inspected  and  reviewed  the  "  Adams'  Light 
Guard  Battalion,"'  Captain  Rob't  Clark  commanding.  The 
battalion  paraded  only  37  men.  The  oflicers  and  men 
presented  a  neat  and  soldierly  appearance.  The  arms  in 
possession  of  the  battalion  amounting  to  seventy,  are  the 
bright  barrel  altered  percussion  musket.  'Of  this  number 
thirty-seven  were  inspected  on  the  field — the  others  were 
seen  in  the  armory.  Of  these  guns  but  few  are  out  of 
order,  and  these  are  in  oi'dinary  condition,  the  stocks  have 
been  abused,  to  some  exte  t,  and  a  few  locks  have  been 
altered  to  hair  triggers.  Most  of  the  accoutrements  are 
good  ;  some  eight  or  ten  cartridge  boxes  are  without  the 
tin  case  ;  the  belts,  &c.  are  good.  After  the  inspection  and 
review,  the  senior  Captain  exercised  the  battalion  in  a  few 
battalion  and  light  infantry  maneuvers,  and  concluded  with 
a  dress  parade.  The  Light  Infantry  drill  has  just  been 
adopted  l.iy  the  "  Guards."  The  dress  parade  passed  off 
well,  the  officers  understanding  thoroughly  ;he  ceremony 
of  that  form  of  parade. 

\V.  L.  SYKES, 
Inspector-General  of  Volunteers. 


ViCKSBURG,  fcjept.  15th,  1860. 

To-day,  inspected  the  'A^icksburg  Sharpshooters,"  com 
raauded'by  Capt.  H.  H.  Miller,  and  the  "Volunteer 
Southrons,''  commanded  by  Capt.  L.  C.  Moore.  The  two 
companies  were  inspected  as  a  battalion,  Capt.  Miller  com- 
manding. The  battalion  paraded  seventy-seven  men, 
the  "  Sharpshooters"  turned  out  (39)  and  "  Southrons" 
(38).  The  weather  being  inclement,  the  inspection  was 
only  superficial. 

The  arms  of  both  companies  are  in  good  order.  The 
arms  in  possession  of  the  Southrons  are  bright  barrel 
altered  percussion  muskets,  and  like  those  of  the  "  xVdams' 
Light  Guard,"  a  few  stocks  are  abused,  and  a  few  altered 
to  hair  trigger  :  every  gun,  however,  is  in  good  condition 
for  service. 

The  accoutrements   belonging  to  these   companies  are 
C— 47 


234 

private  property,  all  iu  good  order.  The  arms  of  the 
"  Sharpshooters'  are  percussion  rifles,  model  of  1842. 
Some  of  them  are  defaced,  the  browning  being  nibbed  off. 
the  barrels  and  the  stocks  marked,  and  some  altered  for 
target  firing  ;  they  are  all  however  in  good  condition  for 
service. 

Tlie  inspection*  ended,  the  battalion  was  exercised  by  the 
Inspector  in  a- few  battalion  manoeuvers,  and  the  firing,  and 
acquitted  themselves  handsomely.  The  Captain  command- 
ing, evinced  much  knowledge  of  the  ceremonies  of  "  Pass- 
ing in  Review,"  "  Inspection,"  and  of  the  battalion  man- 
oeuvers. 

'    VV.  L.  SYKES, 
Adjutant  and  Inspector-General  of  Volunteers. 


Note. — In  making  up  the  aggregate  of  arms,  etc.,  belonging  to  the 
State,  no  mention  was  made  of  one  hundred  and  seventy-five 
Cadet's  Muskets,"  and  accoutrements. 

These  muskets  were  drawn  from  the  U.  S.  Government  some  years 
ago,  and  turned  over  to  Mr.  Ashbal  Green,  President  of  the  "  Mississippi 
Military  Institute,"  located  at  Pass  Christian.  Of  these  muskets  seventy- 
five  are  in  use  at  the  Institute, — the  others  have  been  ordered  to  be 
forwarded  to  this  Department,  and  should  they  be  re««ived,  will  be 
turned  over  to  the  "  Brandon  State  Military  Institute." 


LIST    OF    VOL1irx\TEEK     COMPANIES     IN     THE    STATU 


No.        Name  of  Company. 

Name  Captain. 

COUNTT. 

1 

Rod  Bank  Volunteers 

A.  C.  Tngrabam 

1  Marshall. 

o 

Pontotoc  Rilics 

Nehcmiah  Taylor. . . 
J.  D.  Blincoe 

Pontotoc 

3 

Summit  Rifles 

Pike. 

4 

Salem  Dragoons 

J.  G.  1  lamer 

Tippah. 

5 

Brandon  Artillery 

D.  G.  Miller 

Rankin.' 

0 

Coahoma  Riflemen 

F.  M.  Suddoth 

Coahoma. 

7 

Home  Rifles 

A.J.  Maxwell 

Oktibbeha. 

8 

Homo  Guards 

T.W.Harris 

Marshall. 

9 

Madison  Rifles 

J.R.  Davis 

Madison. 

10 

Invincibles 

A.  R.  Bowdre 

DeSoto. 

11 

Vicksburp;  Sharp  Shooters . . 

11.  H.  Miller 

Warren. 

12 

Natchez  Fencibles 

E.  M.  Blackburn. . . . 

Adams. 

13 

Long  Creek  Cavalry 

L.  S.  Terry 

Attala. 

14 

Mississippi  Star  Company. . 
Port  Gibson  Rifles 

J.J.  Peel 

15 

W.  McKeever 

Claiborne. 

16 

West  Point  Grevs 

Edw.  Burnet 

Lowndes. 

17 

Neshoba  Riflemen 

Isaac  Enloe 

Neshoba. 

18 

Yazoo  Rifles 

S.  M.  Phillips 

Yazoo. 

19 

Lafayette  Southern    Guards 

E.   S.Wallace 

Lafayette. 

20 

Chickasaw  Guards 

W.  F.  Tucker 

Chickasaw. 

21 

Lafayette  Guards 

Wm.  Delay 

Lafayette. 

A?, 

Mississippi  Capitol  Dragoons 
Quitman  Rifle  Guards 

E.  R.  Burt 

Ilind.s. 

23 

S.  B.  Brown 

Marshall. 

24 

Enterprise  Guards 

R.  S.  Weir 

Clarke. 

25 

Pelehatcbic  Cavalry 

Ed.  Jack 

Rankin. 

26 

Tishomingo  Riflemen 

B.  B.  Boone 

Tishomingo 

27 

Irrepressibles 

J.  R.  Chalmers 

DeSoto. 

?8 

Lexington   Guards 

Volunteer  Southrons 

D.J.  Red 

Holmes. 

29 

D.  N.  Moody 

Warren. 

SO 

Downing  Rifles 

A.  B.  Atkinson 

W.  C.Falkner 

Hinds. 

31 

Mississippi  Rangers 

Tippah. 

3? 

Union  Guards 

Jefl'erson 

33 

Monroe  Light  Infantry. . . . 

Wm.  H.  Moore 

Monroe. 

34 

Lamar  Rifles 

F.M.Green 

Lafayette. 

35 

Grenada  Rifles 

J.  L.  Milton 

S.  F.  Butler 

Yalobusha. 

36 

TombigbeeRangers 

Lowndes. 

^7 

Marshall  Cavalry 

W.  S.  Featherston.. 
H.  R.  Miller 

Marshall. 

38 

Pontotoc  Minute  Men 

Pontotoc. 

39 

Utica  Riflemen 

J.  C.  Davis 

Hinds. 

4-0 

Jeff.  Davis  Rifles 

Shuboota  Rifle  Company  . . 

C.  H.  Mott......... 

Marshall. 

il 

J.  P.  Lawrence 

Clarke. 

42 

DeSoto  Light  Dragoons. . . . 

Wm.  Lowers 

DeSoto. 

i3 

Marshall  Artillery v . . 

L.  Johnson 

Marshall. 

H 

Carroll  Volunteers 

P.  F.  Liddcll. 

J.C.Walters 

Carroll.|i 
Tippah. 

i5 

Burnsville  Light  Horse .... 

16 

Warren  Guards 

J.  P.  Brown 

Warren. 

VOLUNTEEU    COJUPANIES— Coutinued. 


No. 


Name  of  Company. 


Name  Captain. 


County. 


47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 


69 
70 
71 
62 

73 
74 
75 
76 
77 
78 
79 
80 
81 


Southern  Guards  Cavalry. .  ]  11.  0.  Pcrrin 

Shieklslxtro'  Riflemen j  K.  Eager 

Quitman    Guards P.    Brent 

Goodman  Rifles |0.  P.  Anderson  . . 

Winston  Guards jJ.  M.  Bradley. .  . . 

Go})iah  Cavalry |  T.  A.  Graves 

Bradford  Riflc"s j  James  F.  Smith. . . 

Carroll  Guards ;  D.  J.  Moore 

Quitman  Light  Artillery. .  . .  1  J.  F.  Kerr 

Claiborne  Rifles JR.  Shoemaker 

Westville  Guards j  G.  D.  J.  Funchess. 

Prairie  Guards J.  T.  W.  llairston 

Pettus   Guards '  Wm.  M.  Estelle . . 

Bolivar  Troop j  Cha^.Clarke 

Chevrappa  Dragoons |  A.  B.  Cole 

Mississippi  Rifles '  R.  Griffith 

Covington  Guards j  T.    R.  White 

Wilkinson  Rifles C.  Posey 

Quitman  I^ight  Infantry j  J.  L.  Duck 

Noxubee  Rifles I  G.  T.  AVeir 

Columbus  Riflemen JC. 

Adams'  Ligbt  Guard  Battal-  S. 

ion  Company.  A 

Company  B j  Robert  Clarke. . . 

Warren  Dragoons I W.  H.  Johnson. 


H.Abert  . 
E.  Barker. 


Garlandsville  Rangers ]  S.  G.  Loughridge . . 

Linden  Legion Robert  Davis 

P)iloxi  Rifle  Guards J.  D.  Howard  . . . 

Gainsville  Volunteers '  J.  B.  Deason 

Copiah  Volunteer  Rifles |  John  W.  Ward . . . 

Conflict  Pettus  Lt.  Drago'ns  j  T.  J.  Downs 

Corinth  Rifles I  Wm.  Kilpatrick . . 

O'Connor  Rifles j  J.  11.  Buchanan. . . 

Raymond  Rifles J.  L.  McManus. . . 

Pine  Hill  Fire  Eaters !  W.  L.  Davis 

Kemper  Legion J.  W^  Carter 

Southern  Riflo  Guards John  E.  Keegan... 


Kemper. 
Hancock. 
Pike. 
Holmes. 
Winston. 
Copiah. 
Lafayette. 
Carroll. 
Hinds. 
Clailjorne. 
Simpson. 
Lowndes. 
Hinds. 
Bolivar. 
Pontotoc. 
Hinds. 
I  Covmgton. 
I  Wilkinson. 
Noxubee. 

Lowndes. 
Adams. 

Adams. 
Warren. 
Jasper. 
Copiah. 
Harrison. 
Hancock. 
Copiah. 
DeSoto. 
Tishomingo. 
Tippith. 
!  Hinds. 
I  Tippah. 
Kemper. 
Lawrence. 


JOHN  J.  PETTUS,  Oommander- in-Chief. 


W.  L.  SYKES,  Adjutant-General— Rank  of  Brigade-General. 

N.  F,   RARKSDATiE,  Quarter- Master  General— liivnk  of  Colonel. 

C.  G.  ARMSTEAD.  Aid-Dee'amii— Rank  of  Lieutenant- ColoneL 

H.  L.  MULDROW.     " 

G.  M.  FOWLER, 

V.  L.  TERRELL, 

F.  LABOUVRE,  Assistant- Quarter-Master-General— Rank  of  Major. 

Wm.  a.  barber,       "  ' 

JOHN  C.  RUSSELL,   " 

S.  H.  TERRAL,  "  


OF  THE  VOLUNTEER  MILITIA  Ot  THE  STATE  OF 
MISSISSIPPI  ELECTED  BY  'I HE  MILITARY  BOARD, 
WHICH  CONVENED  ON  THE  2d  Til  OF  MAY,  A.  D. 
18G0,    AT  JACKSON. 


Commandant  of  Division, 

Capt.  Thos.  W.  Harris,  of  the  Home  Guards. 
Commandant  of  1st  Brigade, 

Capt.  J.  R.  Chalmers,  of  the  Irrepressibles. 
Commandant  of  2d  Brigade, 

Capt.  H.  H.  Miller,  of  the  Vicksburg  Sharp-Shooters. 
Commandant  of  1st  Regiment,  1st  Brigade, 

Capt.  J.   G.  Hajier,  of  the  Salem  Dragoons. 
Commandant  of  2d  Regiment,  1st  Brigade, 

Capt.  A.  R.  BowDRE,  of  the  Invincibles. 
Commandant  of  1st  Regiment,  2d  Brigade, 

Capt.  C.  H.  Abekt,  of  the  Columbus  Riflemen. 


238 

Commandant  of  2d  Regiment  of  2d  Brigade, 

Capt.  L.  Julienne,  of  the  Mississippi  Rifles. 
Commandant  of  1st  Battalion,  1st  Regiment,  1st  Brigade, 

Capt.  J.  H.  BccHANAN,  of  the  O'Conner  Rifles. 
Commandant  of  2d  Battalion,  2d  Regiment,  1st  Brigade. 

(Vacant.) 
Commandant  of  1st  Battalion,  2d  Regiment,  1st  Briga<le 

Capt  W.   Delav,  of  the  Lafayette  Guards. 
Commandant  of  2d  Battalion,  2d  Regiment,  1st  Brigade. 

Capt.  M.  S.  Ward,  of  Panola,  Guards. 
Commandant  of  1st  Battalion,  1st  Regiment,  2d  Brigade, 

Capt.  G.  T.  Weir,  of  the  Noxubee  Rifles. 
Commandant  of  2d  Battalion,  1st  Regiment,  2d  Brig-ade, 

Capt.  R.  S.  Weir,  of  Enterprise  Guards. 
Commandant  of  1st  Battalion,  of  2d  Regiment,   of  2d  Rrigade, 

Capt.  J.  J.  Thornton,  of  the  Rankin  Guards. 
Commandant  of  2d  Battalion,  2d  Regiment,  2d  Brigade, 

Capt.  Wm.  McKeevek,  of  the  Port  Gibson  Rifles. 


THE  FOLLOWING  EEP  OUTS  OF  OAF  TAINS  OF  VOLUN- 
TEER COMPANIES  HAVE  BEEN  RECEIVED  AND  FILED 
IN  THIS  OFFICE,  TO- WIT: 

I  do  hereby  certify  that  I  have  this  day,  in  accordance 
with  section  12  "of  an  act"'  further  to  regulate  "  tlie  Mi- 
litia and  Volunteer  System,"  critically  inspected  the  arms 
in  charge  of  my  Company,  belonging  to  the  State,  and  report 
them  (60  Rifles)  in  good  order,  with  the  exception  of  wear 
occasioned  by  use,  in  practice  of  target  and  blank  cartridge 
firing,  screw-drivers,  and  gun  nipers,  complete,  comprising 
all  the  property  the  said  company  have  in  possession  be- 
longing to  the  State. 

CHAS.  H.  ABERT, 

Capt.  Columbus  Riflemen, 
Columbus,  Miss.,  August  1st.,  1860. 
To  Adjutant-General  W.  L.  Sykes,  Jackson,  Miss. 


/  239 

Natchez,  August  27tb,  I860. 
W.  L.  Sykes,  Adjutant-General — 

Dear  Sir  :  In  compliance  with  orders  received,  we  beg 
leave  to  offer  the  following  report  of  tlie  arms,  accourtre- 
raents  in  possession  of  tlic  "  Adams  Light  Guard  Bat- 
talion : 

75  per  cussion  muskets, 

70  setts  belts  and  boxes. 

40  cap  boxes. 

40  old  flint  cock  muskets, 

30  setts  accourtrements. 

"With  last  twenty  muskets  we  did  not  receive  either  cap 
boxes  or  gun  slings. 

SAM'L  E.  BAKER, 

Captain  Company  A. 
ROBERT  CLARK, 

Captain  Company  B. 


Gainesville,  Miss.,  Aug.  27th,  1860. 
Gen.  W.  L.  Sykes — 

Dear  Sir  :  Li  accordance  with  the  r2th  section  of  an  act 
of  the  Legislature,  of  the  State  of  Mississippi,  aoproved 
February  12th,  18(iO,  I  have  the  honor  to  report,  that  the 
arms  and  accourtrements  of  the  Gainesville  Volunteers, 
under  my  charge,  are  all  in  good  order,  which  I  have  in- 
spected as  the  law  directs — tliat  there  are  forty  Mississippi 
rifles,  cartridge  boxes,  &c.,  complete  with  each  rifle — all  of 
which  is  respectfully  submitted. 

J.  B.  DE.VSON, 
Capt.  commanding,  Gainesville  Volunteers. 


240 

The  State  of  Mississippi,  ) 
County  of  Hancock.      ) 
Personally  appeared  before  me,  D.  \V.  JonNSON,  a  Jus- 
tice of  the  PoacG  for  said  county,  J.  B.  Deason,  -who  after 
being  duly  sworn  upon  his  oath  says  the  foregoing  report  is 
just  and  true.  'j.  B.  DEASOX. 

Sworn    to  and  subscribed  before  me  this  27th  day  of 

August,  1860. 

I).  W.  JOHNSON,  J.  P. 


GENERAL  AND  FIELD  OFFICERS  OF  THE  MISSISSIPPI 
MILITIA. 

Major-General  1st  Division  M.  M., 

W.  W.  W.  Wood. 

Major-General  2d  Division  M.  M., 

I.  M.  Patridge. 
Major-General  3d  Division  M.  M., 

E.    0.    IIUNTIiEY. 

Major-General  4th  Division  M.  M., 

T.     L.    ROGEHS. 

Major-General  5th  Division  M.  M., 
W.  D.  Beck. 

Brigadier  General  1st  Brigade,  1st  Division, 
Wm.  F.  Cain. 

Brigadier- General  2d  Brigade,  1st  Division, 
A.  M.  DoziER. 

Brigadier-General  1st  Brigade  2d  Division; 
R.  H.  Davis. 

Brigadier- General  2d  Brigade,  2d  Division, 

J.    C.    HlGGlNS. 

Brigadier- General  1st  Brigade,  3d  Division, 
Vacant. 

Brigadier- General  2d  Brigade,  3d  Division, 
Vacant. 

Brigadier-General  1st  Brigade,  4th  Division, 
R.  0.  Reynolds. 

Brigadier-General  2d  Brigade,  4th  Division, 
Vacant. 

Brigadier- General  1st  Brigade,   5th  Division, 
W.  C.  Falkner. 

Brigadier- General  2d  Brigade,  5th  Division, 
Jas.  D.  Ruffin. 


241 

VicKSBURG,  August  80tb,  1860, 
Grx.  W.  L.  Sykes,  Jackson,  Miss., 

Dear  Sir  : — In  compliance  'with  section  12,  of  the  new 
military  law,  I  beg  to  report  now  in  tiic  possession  of  the 
'  Volunteer  Soutborns,"  fifty-four  percussion  muskets,  be> 
longing  to  the  State  and  in  good  order.  The  Company 
originally  drew  from  tlio  State  sixty  muskets,  six  of  which, 
however,  were  taken,  and  worthless  when  received. 
Very  Respectfully, 

L.  C.  MOORE,  Jr., 
Comniandins:  Volunteer  Southrona. 


Statement  of  txpenditures    for  arms,  accouirenmits,  ^c: 

State  of  Mississippi  in  account  with  Ames'  Manufacturing 
Company,  I)r. 

1860.  To  500  Setts  Accoutrements, 

"  "     200  Cavalry,  Sabers  and  Accontreiuents, 

"  "    100  Sergeant's  Swords  and  Belts, 

"  "    200  Thousand  Percussion  Caps, 

"  "     200  Sabre- Bayonets,  &c. 

"  "  Packing  Boxes,   &c. 


$5,952  90 


"    200  Colt's  Pistols,  Holstes,  Packing 

Boxes,  &c. 
"    200  Whitney  Pistols  Packing  Box- 
es, &c. 
"      60  Percussion  Muskets, 
"      50  Artillery   Swords,  &c. 
"    Traveling   Expenses   of  Adjutcnt- 

General  on  Official  Business, 
"     Freight,  dray  age,   &c.  on  arms  and 

accoutrements,       .         .        - 
"    Adams'   Express  Co.  for  freight  on 

pistols,  .         .         .         - 

"     Freight  on  5000  muskets    - 
"    N.  0 ,  J.  &  G.  N.  5.  R.  Co.      - 
"     Southern  Rail  Road  Co. 
"    TJ.  S.  Gov.  for  5000  muskets      - 


4110  00 

2425  00 

285  00 
137  50 

301  8R 

162  50 

118  00 

486  75 

210  36 

307  80 

12,500  00 

$26,900  48 

C2 

At  inspection. 

*Pouches. 

Whitney  Rifles,  Minnie  baD. 

Musquetoon 

Caisson 

Carriage 

Artil'ry  Sword  Belts.. 

Artillery  Swords 

Limber 

12  pdr.  Howitzers..  . 

Harness 

Timber 

6  Pdr.  Bronze  Gun. 

tx5 

Waist  Belts  and  Plate 

10                                               UiO  ^^  «£> 

Bayonet  Scabbards.... 

Non-C-Ofii.  Sw.  &  B. 

"*         •                 "^"^ 

Gap    Pouches 

lO                                  ^  t-U3              ^«5 

Sabre  Bayonets g§         §             «         gg 

55 

Cartridge  Box  Belts...  1          -5                         S§     S^§S 

•«1 

1— ( 

Cartridge  Box's  &  PL  |          ^                     g     g  |J  §  g 

Altered  Percus.  Rifl's 

Percussion  Rifles .... 

CD  ^  lO  ^  CO -«*<  M<               CO  U3  lO  ^         CO 

U.  S.  Longrange  Rifl's 

0 

Percussion  Muskets... 

OiO 
CO  l> 

IPowder    Flasks 

^          -^      \a% 

> 

•< 
O 

Whitney  Pistols 

Holsters 

Sabre  Belts 

Pistols 

Sabres 

05 

0 
53 

1  Columbus  Riflemen 

2  Covington  Guards 

3  Noxubee  Riflemen 

4  Quitman  Light  Infantry 

5  "         Rifle  Guards.. 

6  Vicksburg  Sharpshoot's 

7  Port  Gibson  Riflemen... 

8  Volunteer  Southrons... 

9  Adams'  Light  Guard.... 

10  Irrepressibles 

11  Mississippi   Rifles 

12  Biloxi  Rifle  Guards.... 

13  Gainsville  Volunteers.... 

14  Home  Guards 

15  Chickasaw  Guards 

s 


Musquetoon  . . .  ^._._. 
Caisson  . .  •  -^^j^';'  •  •_! 

iCarriage | 

j  Artil'ry^word  Belts..  | 

Artillery  Swords | 

iLimber I 


'12  pdr.  Howitzers...  | 

:  Harness | 

iTiraber I 


16  Pdr.  Bronze  Gun..  | 


Waist  Belts  and  Plate 
I  Bayonet   Scabbards .  . 
Swr.  &-  B.  I 


M  ;Non-C-Offi 


■■* 


"^   ^rfH    ^H   ^7<  ^^ 


Cap    Pouches _.  |_^__w_%$_S  8 

Sabre   Bayonets. ..  .^|_    00  _„-^_^_-^_"* 

CartndgelioxJ^^^ 

ICartridgc  Box's  &  PI.  |  12         §  ^  §  § 

AUered  Pcrcus.  Rifl's.  | 

Percussion  Rifles....  |      ^ 
U.  S.  Longrange  Rifl's 
! Percussion  Muskets... 
Powder  Flasks ...... 


"o  o  o 

■^  -^  '^ 


^ 


PSH 


Artillery  Sword  Belts 
Artillery  Swords. . . . 
Caisson 


Carriage *. 

Limber 

12    pdr.     Howitzers. 

Harness 

Limber    


6  Pdr.  Bronze   Guns 

6~77~7rr. 


Gun  Slings.  .   . . 
Waste  Belts~cf"Plates 
Bayonet  Scabbards.   . 
Non'^Com."Offir&  BltsL 


Cap  Pouches,   .. 
Sabre  Bayonets.. 


Cartridge  Box  Belts. . 
Cartridge  Box's  «fe  Pis. 
Altered  Percus.  Rifl's 
Percussion  Rifles .  .77 
U.  S.  Lo^g^R.'  Rjfle"s7 
Percussion  MusketsT 
Powder  Flasks 


o 


O  O  U5  O 
00  CD  t-  lO 


o 


Whitney  Pistols.   . 
Holster's  &  Pistols. 
Sabre  Belts .  .   .    . , 
OoirPistols.  .    . . 


O  OO  C-J 

lO  CO  -^  CD -^ 

"      '  Oi 

00 


"^8 


Sabres  . 


Q   0}   o 


60 


>>S 


D    3    O    c    <- 
t-  00  a>  O  rH 

c<  N  c<J  eo  w 


So      .    cs    «    C 


_rt  ;^  "3  o  ©  o  .n 

O  S  W  «  CL,  ^-5  >J 


o  2  S  •« 
•^  0  £  o 

P3  0?Xo. 


Gun  Slings |?ISC; 

Artillery^Swords (W  ^ 

SeVlmplements . 
Set  Harness. 


12  Pounder  Howitzers 


Limber. 


Caisson. .  ^.  ._■  ■j_-  — 

Carriages ■  —  •  •  •  -  • 

6  Pounder  Bronze  Gun.  ■ 

Altered  Percussion  Rifles 


Non-Commissioned  Officers  Swords  and  Belts 


Bayonet  Scabbards 


l-i-l  X 
CC  \X>  ^ 


Waist  Belts  and  Plates. 
Cap  Pouches  


« «a  o 


Cartridges  Boxes,  Plates  andBelts. 


Percussion  Rifles 

. — ^r 

U.  S.  Long  Range  Rifles 

Sabre  Bayonets 


O  C<1  r> 


O  O  C£ 

Altered  Percussion  Muskets e5S2 


»0         CC5 

Percussion  Muskets  and  Bayonets JS     !2 


Cartridge  Boxes. 


Wliitney  Pistols. 


Colts  Pistojg._ 


>'4 


'<1 


'  «1 

(Hi 

at 

o 
H 

^m 

<u 

e> 

J3,a 

vS 

•2 

mt 


INDEX  TO  JOUBIAL 


[A.] 

ABSENCE— leave  of  granted  Messrs.  Jolmslon  and 

Parker 3o 

leave  of  granted  W.  S.  Barry 39 

leave  of  granted  Messrs.  Witty,  Gvrin, 

Myers,  "Catching  and  Nelson 39 

leave  of  granted  Messrs.  Chalmers,  Dea- 

son,  Ramsey,  Myers  and  Tison 73 

ADJOURNMENT— resolution  in  relation  to 79,  90 

[C] 

COMMITTEES— to  report  ordinance  of  secession  9,  11,  13 

to  wait  on  the  Governor,  &c 9,  11 

on  elections 10 

to  amend  constitution 10,  35 

standing— appointed— on  citizenship, 

federal  jurisdiction,  postal  affairs. 

State   constitution,    military   and 

naval,  and  Southern  Confederacy,  11. 

17,  35,  63. 

to  notify  commissioners,  &c •  .     12 

engrossing  and  enrolling 19 

on  ways  and  means 20 

to  provide  room  for  Convention ..  20,  21 
on  occupancy  of  Hall 26,  31 


COMMITTEES— appointed  on  Indian  Affairs 27 

appointment  on   coat  of  arms  and 

flag 5L89 

appointment  in  relation  to  planting . .    51 
in   relation  to  Delegates  to   ]^Iont- 

gomery  Convention 51  to  58 

referring     to    committee     Address 
setting  forth  the  immediate  causes 

of  secession 88,  80 

COMMISSIONERS— from  other  States,  10, 13, 17,18,  21,37 

resolution  to  appoint 12 

CONSTITUTION— to  amend  in  relation  to  borrow- 
ing money 10 

[D.] 
DOOR-KEEPER— election  of  S.  Pool 8 

[E.] 

ELECTIONS — of  delegates  to   Montgomery  Coven- 

tion 51  to  58 

of  Major  General 59 

of  four  Brigadier  Generals 59  to  63 

of  permanent  council  for  Governor. .  .     88 

[J.] 

JOHNSTON,  J.  S.— took  his  seat. 12 

JUDGE  FEDERAL  COURT— letter  of  resignation  of 

S.  J.  Gholson 18 

[M.l 

MEMORIAL— of  Mrs.  Gibbs 12 

MESSAGES— from  the  Governor 13 

[0.1 

ORGANIZATION— from 3  to  10 

ORDINANCES— of  secession  reported 13, 16,  23,  36 

providing  for  the  final  adjustment  of 

difficulties 14 

of  secession  passed  and  enrolled,  <fec.     16 
of  secession  signed 20,  22,  36  ' 


INDEX. 


]|v9 


ORDINANCES— on  Postal  Affairs,  20,  23,  24,  25,  63,  66, 

77,  81. 
concerning  jurisdiction  and  property  of 
the  U.  S.'in  Mississippi,  30,  32,  46,  73,  80 
reorulatinu;   military    affairs   of   tho 

State.: : 31,43,5V 

to  raise  means  for  defense  of  the 

State. . .  .35,  30,  39,  64,  66,  69,  81,  82 

on  citizenship 37,  43,  77 

to  authorize  the  Governor  to  borrow 

money,  <fec _ 3^ 

relative  to  disbursement  of  military 

fund ;•'•     "7^ 

to  provide  for  surveys  and  fortifica- 
#  tions  of  military  cites  in  this  State    W 

providing  a  permanent  council   of 

three  for   the   Governor  of  this 

State » 

to  appropriate  money  to  pay  cm-rent 

expenses  of  Convention ....;...     88 

[P.] 

PRAYER— by  C.  K.  Marshall ^ 

by  Mr.  Harrington |^ 

by  Mr.  Crane |^ 

by  Mr.  Hunter 1 J 

bv  Mr.  Caskie JJ 

by  Mr.  Snow 21 

PRESIDENT— election  of  W.  S.  Barry •  • .  •  •    « 

[R.] 

ROLL  CALLED— by  counties 5 

RESOLUTIONS — in  relation  to  Pages ;  X  " ' "  ^ 

in  relation  to  government  of  Con- 
vention   ^'  "^ 

to  appoint  a  committee  to  draft 

ordinance  of  sece^ssion 9 

to  wait  on  Governor ® 

in  relation  to  reporters 10,  41,  46 

appointing  committee  on  elections.  .10 
in  relation  to  Commissioners..  .10,  12 
in  relation  to  Daily  Mississippian .  .11 
in  relation  to  seats 

vithiatliQbar,12,  18,  21,  27,  W 


26U  INDEX. 

RESOLUTIONS. — to  appoint  Coinuussioncr.-^ 12 

in  relation  to  Constitutional 

amendments 12,  22,  51 

in  relation  to  postage 12 

to  appoint  Council  to  confer  with 

Governor l?> 

to  telegraph  passage  of  ordinance 

of  secession 17 

in    relation    to    introduction    of 

slaves 18 

in  relation  to  erecting  ])atteries  in 

this  Statfi 18 

in  relatioa  to   duty    of   postmas- 
ters, <^-c ' 19 

in  relation   to   room  for  Conven- 
tion  • 20 

in  relation  to  room  for   Legisla- 
ture       20 

in  relation  to  signing  ordinance,  20,  29 

in  relation  to  citizenship  20 

in  relation   to   issuing  bonds  bv 

State '      21 

in  relation  to  enrollment  of  ordi- 
nances      22 

to  appoint  engrossing  and  enroll- 
ing committee 19 

to  appoint  committee  on  enroll- 
ment of  ordinance 19 

instructing  committee  on  Military 

affairs... '      23 

adding  clause  to  ordinance  of  se- 
cession      23 

in  relation  to  taxable  property,  23,  32 

in  relation  to  navigation  of  Mis- 
sissippi       24 

in  relation  to  occupancy  of  hall,  26,  38 

in  relation   to   framing  the  ordi- 
nance of  secession 28 

in  relation  to  Commissioners, 

iU 28,29,37 

recognizing  independence  of  Flo- 
rida      28 

recognizing  independence  of  Ala- 
bama      29 

of  inquiry  in  regard  to  defence  of 
sea  coast,  Islands,  &c 29 


INDEX,  251 

RESOLUTIONS. — in  relation  to  such  business  only 

as  shall  be  acted  on  in  secret 
,  session 31 

conferring  copy-right  on  F.  A. 
Pope  and  T.  S.  Hardee 31 

requiring  Auditor  to  furnish  cer- 
tain information 36 

instructing  military  committee  to 
re])ort  arms,  '&c.,  of  State, . .     3G 

in  relation  to  planting  interest  of 
State 36,  51,  85 

in  relation  to  procuring  magazine,     38 

in  relation  to  United  States  Cir- 
cuit and  District  court  clerks,     39 

in  relation  to  action  of  South  Car- 
olina   30,  40 

in  relation  to  furnishing  copies  of 
ordinances  to  Legislature .  .  .     40 

instructing  committee  to  report 
ordinance  to  raise  special  tax,    41 

providing  for  issuance  of  bonds, 
<fec 41 

in  relation  to  taxing  slaves 42 

"  "  exempting  polls 42 

"  a  stay  law 63,  68 

"              ''  cloth  made  in   the 
Penitentiary 65 

instructing  committee  on  southern 

confederacy 50,  73 

to  prepare  records  of  this  conven- 
tion, &c 68 

authorizing  Governor  to  forward 
certain  ordinance  to  North- 
Western  States 68 

on  the  navy  law 68 

in  relation  to  collection  of  taxes 

on  real  estate 69 

in  relation  to  officers  of  the  Unit- 
ed States  who  resign,  &c 75 

providing  for  permanent  Council 
of  the  Governor 66 

authorizdug  Postmastcr-Geoeral ....  76 

anthorizing  pay  of  dekgates 77 

in  roktion  to  tiie  fiLave  trade. .  .78,  84 

on'  adjournment 79,  80,  89 


m 


INDEX. 


RESOLUTIONS 


REPORTS- 


iu  relation  to  re-construction 79 

in  relation  to  the  immediate  causes 

of  seces^iion 82,  SO,  88 

distributing    ordinance    to    raise 

revenue 82 

providiug  for  publication  of  ordi- 
nances and  journal 83 

providing  payment  $4  per  day  to 

reporter 83 

in  relation  to  representatives  in 
Congress  of  Southern  Con- 
federacy   83 

referring  to  Arsenal  and  Hospital 

in  Vicksburg 83,  84 

of  thanks   to   Mobile   and    Ohio 

Railroad  Company 86 

appointing  Auditors  to  audit  ac- 
counts of  convention .  .88 

allowing  secretary   five  days  to 

write  up  the  Journal 89 

of  thanks  to  the  President.  W,  S. 

Barry 80 

appointing  a  committee  to  wait  on 
Governor  and  inform  him  the 
convention  is  about  lo  ad- 

jomm 89,  90 

rocoDimcnding  establishment  of  a 

Military  Academy  South 89 

on  ordinance  of  secession 14,  21 

on  Postal  affairs 20,  30 

on  enrollment  of  ordinance  of  secession ...  21 
on  Military  and  Naval  affairs,  22.  25,  35,  42 

on  Federal  jurisdiction  and  property 25 

on  formation  of 
Southern  Con- 
federacy  27,  30,  32.  40,  42.  63,  73 

on  citizenship 27 

of  committee  to  confer  with   House  of 

Representatives  on  use  of  Hall 31 

on  State  Constitution 36.  38,  81 

of  committee  of  Ways  and  Means — mi- 
nority  3S,  39 

on  powers  of  Legislature  to  alter  or  abol- 
ish oYdinances 83 

on  flajg  and  coat  of  arms  for  State 89 


[S.] 

SECRETARY  pro  lem—W.  H.  H.  Tison 6 

election  of  F.  A.  Pope 8 

SERGEANT-AT  -ARMS— oloetion  of  W.  Ivie  Wofit- 

brook   9 

SECRET  SESSION— 13,  10,  24,  35,  40,  77 

[Y.] 

YERGER— J.  S.  took  his  scat 12 

YEAS  ANT)  NAYS.— 14,  15,  16,  33,  34,  43,  46,  47,  49, 

65,  66,  67.  68.  69.  75,  78,  79, 

80,  81. 


INDEX  TO  ORDINANCES. 


[A.] 

APPENDIX. — correspondence  of  T.  J.  Whar- 
ton, commissioner  to  Tennes- 
see  149  to  163 

of  0.  E.  Hooker,  commissioner 

to  South  Carolina 163  to  175 

of  Wirt  Adams,  commissioner  to 
Louisiana 175  to  170 

of  A.  'H.  Handy ;  commissioner 

to  Maryland. '. 181  to  183 

of  J.  Thompson,  commissioner  to 

North  Carolina 184  to  188 

of  G.  R.   Fall,  commissioner  to 

Arkansas 189  to  195 

of  W.  S.  Featherston,  commis- 
sioner to  Kentucky 195  to  197 

of  Wm.  L.  Harris,  commissioner 

to  Georgia 197  to  208 

of  Fulton  Anderson,  commission- 
er  to  Virginia 208  to  220 

[C] 

^^ONSirnmON— «f  MissiMJ^* ,  ,91  to  UT 


INDEX.  266 

AMENDMENTS. 

CONSTITUTION— regulating    the    introductiou    of 

slave? 114 

board  of  police,  how  constituted.   114 

powers  of  board  of  police 114 

(•hanccry  jurisdiction,  its  powers 

transferred 115 

extension  of  term  of  oflSce 115 

additional  bond  required 116 

time  of  holding  general  election . .   116 
in  relation  to  terms  of  office   of 

members  of  the  legislature. . . .   116 
amendments  by  the  State  Conven- 
tion     116 

[0.] 

ORDINANCES— to  dissolve  the  Union 119 

to  regulate  the  Military  system ....   122 
to  raise  means  for  the  defence  of  the 

State 126 

'  concerning     jurisdiction     of    prop- 
erty  : ., 134 

to  appropriate  money  to  pay  current 

expenses  of  Convention 135 

to  authorize  the  Governor  to  borrow 

money,  itc 136 

to  amend  the  Constitution 136 

to  provide  for  postal  arrangements,  138 
'             further  to  provide  for  postal  arrange- 
ments  ....139 

to  provide  m  permanent    Council  of 

three  for  the  Governor 143 

to  provide  for  surveys  and  fortifica- 
tions, &Q 143 

to  regulate  right  of  citizenship 144 

to  provide  for  the  purchase  of  arms, 

&c ;•••   145 

to  provide   for  publishing  ordinan- 
ces, &c '. 146 


t5d  INDBX 

[R.] 

BESOLUTIONS, — concerning  jurisdiction  of  prop- 
erty  ' 14G 

to  provide  for  representation  in 
the  Oongrcss  of  the  Confeder- 
ate States 141 

to  provide  for  the  formation  of  a 

Southern  Confederacy 132 

in  reference  to  certificate  of  Sec- 
retary of  State 148 

REPORTS— of  Auditor,  between 220  and  221 

of  Adjutant-General 221  to  246 


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